MINUTES OF
Board of Regents
of
Stephen f. Austin State University
VOLUME NO. 18
APRIL 10, 1973
NACOGDOCHES, T.TCAS
I N D E £
Minutes of the Meeting
Stephen F. Austin State University
Board of Regents
held in Nacogdoches, Texas
April 10, 1973
volume-no. 18
73-45 Approval of Minutes of January 20, 1973 and
March 27, 1973 Meetings 18-2
73-46 t Election of Board Officers for 1973-74 18-2
73-47 Approval of 1973 Summer School Faculty Budget 18-2
73-48 Approval of Faculty Appointments 18-2
73-49 Acceptance of Resignations 18-4
73-50 Approval of Leaves of Absence 18-4
73-51 Acceptance of Returns from Leave 18-5
73-52 Approval of Faculty Promotions 18-5
73-53 Acceptance of Retirement 18-7
73-54 Approval of Changes in Status 18-8
73-55 Approval of Faculty and Staff Appointments 18-8
73-56 Approval of Mid-Year Budget Adjustments 18-8
73-57 Approval of Contract with Taylor Brothers of Lufkin
for Repainting of Dorm 13 18-5
73-58 Approval of Contract with Conlee Brothers Moving and
Storage of Bryan to Move Library Holdings to New
Building 18-22
73-59 Approval of Room and Board Rates for the 1973-74
Academic Year 18-35
73-60 Approval of Contract with J. F. Clark Company of
Dallas for Coliseum Seating 18-36
73-61 Authorization for University President to File for
Applications for Federal runds and to Act as the
Official University Representative 18-49
73-62 Approval of Curriculum Changes 18-49
73-63 Approval of Agreement between Loggins Construction
Company and the University to Establish
Contractual Completion Date on the Stadium 18-52
73-64 Adjournment of Meeting 18-53
MINUTES OF THE MEETING
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
HELD AT NACOGDOCHES, TEXAS
VOLUME NO. 18
April 10, 1973
The meeting was called to order by Joe Bob Golden, Vice Chairman of
the Board of Regents, at one o'clock p.m. April 10, 1973.
PRESENT:
ABSENT:
PRESENT:
Members: Joe Bob Golden of Jasper
Walter Todd of Dallas
Roy Maness of Beaumont
Douglas Bergman of Dallas
Mrs. Lera Thomas of Houston
Robert C. Gray of Austin
James I. Perkins of Rusk
R. E. McGee of Houston
C. G. Haas, Secretary
Dr- R. W. Steen, President of the University
Note: One Board position is vacant.)
73-45
Upon motion of Regent Todd, seconded by Regent Maness, with all
Regents voting aye, it was ordered that the minutes of January 20,
1973, and the called meeting of March 27, 1973, be approved.
73-46
Upon motion of Regent Maness, seconded by Regent Todd, with all
Regents voting aye, it was ordered that the Board elect officers
for the year 1973-74, as follows:
R. E. McGee Chairman
Joe Bob Golden Vice Chairman
C. G. Haas Secretary
73-47
Upon motion of Regent Gray, seconded by Regent Thomas, with all
Regents voting aye, it was ordered that the 1973 Summer School Faculty
budget as submitted under separate cover be approved.
73-48
Upon motion of Regent Maness, seconded by Regent Gray, with all Regents
voting aye, it was ordered that the following individuals be employed
for the positions, dates, and salaries indicated:
1. Department of Accounting
Mr. Jack William Pollard, 36, M.B.A. (Southern Methodist University),
Instructor of Accounting, at a salary rate of $8,500 for nine months,
effective Fall Semester, 1973.
2. Department of Computer Science
Mr. Mil lard Travis Harkrider, 38, M.S. (University of Tennessee),
Instructor (part-time) of Computer Science, at a salary rate of
$1,480 for the Spring Semester, 1973, only.
Mr. Darrell Lynn Ward, 29, M. S. (University of Iowa), Instructor
(part-time) of Computer Science, at i salary rate of $1,500 for the
Spring Semester, 1973, only.
3. School of Forestry
Dr. James Clarence Kroll, 27, Ph.D. (Texas A&M University), Assistant
Professor of Forestry, at a salary rate of $10,000 for nine months,
effective Fall Semester, 1973.
4. Department of General Business
Mr. Chester Lee Allen, 33, M.B.A. (Texas A&I University), Assistant
Professor of General Business, at a salary rate of $13,250 for nine
18-2
months, effective Fall Semester, 1973. Mr. Allen is a candidate
for the D.B.A. at Texas Tech University. If he has not completed
all requirements for the D.B.A. by September 15, 1973, the salary
will be $12,000 for nine months.
Mr. Dillard Brown Tinsley, Jr., 35, M.B.A. (University of Texas-
Arlington), Assistant Professor of General Business, at a salary
rate of $12,500 for nine months, effective Fall Semester, 1973.
Mr. Tinsley is a candidate for the D.B.A. at Texas Tech University.
If he has not completed all requirements for the D.B.A. by September
15, 1973, the salary will be $11,250 for nine months.
5. Department of School Services
Mrs. Judith S. Huffty, 32, M.A. (George Peabody College), Instructor
(part-time) of School Services, at a salary rate of $937.50 for the
Spring Semester, 1973, only.
6. Library
Mrs. Janice Speer Lange, 25, M.L.S. (University of Texas-Austin),
Acting Reference Librarian, at a salary rate of $1,200 for the Second
Summer Session, 1973, only. Mrs. Lange replaces Mrs. Prassel who is
on maternity leave for the Second Summer Session.
7. Student Affairs Division
Mr. James G. Blankenship, 19, Patrolman, University Police Department,
at a salary rate of $6,000 for twelve months, effective February 1,
1973. (Previously employed as an auxiliary officer on an hourly
basis.)
Mr. Carl W. Byars, 36, Assistant Clerk in Charge, University Post
Office, at a salary rate of $8,400 for twelve months, effective
January 8, 1973.
Mr. Charles S. Henry, 52, Food Prod-iction Supervisor, University
Center Cafeteria, at a salary rate c* $7,500 for twelve months,
effective March 15, 1973.
Mr. Harry Clinton Manning, 40, Patrolman, University Police Department,
at a salary rate of $6,300 for twelve months, effective January 16,
1973.
8. Maintenance
Mr. Jerry Leon Batson, 33, Air Conditioning Foreman, Maintenance
Department, at a salary rate of $10,000 for twelve months, effective
March 6, 1973.
18-3
73-49
Upon motion of Regent Perkins, seconded by Regent Todd, with all Regents
voting aye, it was ordered that the following resignations be accepted:
1. School of Forestry
Mr. Alan F. Button, Instructor of Forestry, effective Hay 12, 1973,
Mr. Button has accepted other employment.
2. Student Affairs Division
Mr. Edgar Kirby Darnell, Food Production Supervisor, University Center
Cafeteria, effective February 15, 1973. Mr. Darnell is accepting other
employment elsewhere.
Mr. George L. Hartt, Patrolman, University Police Department, effective
February 28, 1973. Mr. Hartt is accepting employment elsewhere.
Mr. Glenn H. Jennings, Assistant Director of Housing, Housing Depart
ment, effective February 28, 1973. Mr. Jennings is accepting employ
ment elsewhere.
Mr. Patrick W. Vaughn, Patrolman, University Police Department,
effective January 31, 1973. Mr. Vaughn is resigning to devote
time to his education.
73-50
Upon motion of Regent Perkins, seconded by Regent Gray, with all Regents
voting aye, it was ordered that the following leaves of absence be
granted:
1. Department of General Business
Mr. Patrick Michael Conn, Instructor of General Business, for the
academic year 1973-74, in order to work toward the doctoral degree
at the University of Arkansas.
Mr. Robert Arnold Swerdlow, Instructor of General Business, for the
academic year 1973-74, in order to work toward the doctoral degree
at the University of Arkansas.
2. Library
Mrs. Ann H. Prassel, Reference Librarian, from April 1 through
August 27, 1973, for maternity leave.
3. Department of Political Science
Dr. Stephen N. Smith, Associate Professor of Political Science,
for the academic year 1973-74. Dr. Smith has accepted a one-year
teaching appointment at Texas A&M University.
18-4
73-51
Upon motion of Regent Gray, seconded by Regent Thomas, with all Regents
voting aye, it was ordered that the following returns from leave be
accepted:
1. Department of Mathematics
Mr. Ennis Donice McCune, Assistant Professor of Mathematics, at
a salary rate of $10,200 for nine months, effective Fall Semester,
1973. Mr. McFune has been working toward a doctoral degree at
Texas Tech University.
73-52
Upon motion of Regent Gray, seconded by Regent Todd, with all Regents
voting aye, it was ordered that the following promotions be approved:
1. Department of Computer Science
Dr. Jarrell Grout, from Assistant Professor to Associate Professor
and Acting Department Head of Computer Science, effective Fall
Semester, 1973. Dr. Grout has completed the requirements for
promotion and was recommended by the Dean.
2. Department of Economics
Mr. Jeremiah M. Sullivan, from Instructor to Assistant Professor of
Economics, effective Fall Semester, 1973. Mr. Sullivan has com
pleted the requirements for promotion and was recommended by the
Dean and Department Head.
3. Department of Elementary Education
Dr. Grady W. Willingham, from Associate Professor to Professor of
Elementary Education, effective Fall Semester, 1973. Dr.
Willingham has completed the requirements for promotion and was
recommended by the Dean and Department Head.
4. Department of English and Philosophy
Mr. James E. Magruder, from Instructor to Assistant Professor of
Philosophy, effective Fall Semester, 1973, with the condition that
the Ph.D. degree is awarded before September 1, 1973. Mr. Magruder
has completed other requirements for promotion and was recoranended
by the Dean and Department Head.
Mrs. Johnnie Maude Tyler, from Instructor to Assistant Professor
of English, effective Fall Semester, 1973. Mrs. Tyler has completed
the requirements for promotion and was recommended by the Dean and
Department Head.
18-5
5. School of Forestry
Dr. J. David Lenhart, from Assistant Professor to Associate
Professor and Assistant to the Dean of Forestry, effective Fall
Semester, 1973. Dr. Lenhart has completed the requirements for
promotion and was recommended by the Dean.
6. Department of General Business
Dr. Donald A. Evans, from Assistant Professor to Associate Professor
of General Business, effective Fall Semester, 1973. Dr. Evans has
completed the requirements for promotion and was recommended by the
Dean and Department Head.
7. Department of Geology
Mrs. Nancy S. Alexander, from Instructor to Assistant Professor
of Geology, effective Fall Semester, 1973, with the condition that the
Ph.D. degree is to be awarded by September 1, 1973. Mrs. Alexander
has completed other requirements for promotion and was recommended
by the Dean and Department Head.
8. Department of History
Dr. Sylvia Freeman McGrath, from Assistant Professor to Associate
Professor of History, effective Fall Semester, 1973. Dr. McGrath
has completed the requirements for promotion and was recommended
by the Dean and Department Head.
9. Department of Mathematics
Dr. Jasper E. Adams, from Assistant Professor to Associate Professor
of Mathematics, effective Fall Semester, 1973. Dr. Adams has com
pleted the requirements for promotion and was recommended by the
Dean and Department Head.
10. Department of Modern Languages
Dr. Warclaw Jarzebowski, from Associate Professor to Professor
of Modern Languages, effective June 1, 1973. Dr. Jarzebowski has
completed the requirements for promotion and was recommended by the
Dean and Department Head.
11. Department of Music
Mr. Joel W. Duskin, from Instructor to Assistant Professor of
Music, effective Fall Semester, 1973. Mr. Duskin has completed the
requirements for promotion and was recommended by the Dean and
Department Head.
18-6
Mr. David Wilson Jones, from Assistant Professor to Associate
Professor of Music, effective Fall Semester, 1973. Dr. Jones has
completed the requirements for promotion and was recommended by the
Dean and Department Head.
Mr. Max L. Morley, from Instructor to Assistant Professor of
Music, effective Fall Semester, 1973. Mr. Morley has completed
the requirements for promotion and was recommended by the Dean
and Department Head.
12. Department of Psychology
Dr. Jerry Neal Lackey, from Assistant to Associate Professor of
Psychology, effective Fall Semester, 1973. Dr. Lackey has com
pleted the requirements for promotion and was recommended by the
Dean and Department Head.
13. Department of School Services
Dr. Elnita Stanley, from Assistant Professor to Associate Professor
of School Services, effective Fall Semester, 1973. Dr. Stanley has
completed the requirements for promotion and was recommended by the
Dean and Department Head.
14. Department of Secondary Education
Dr. Harold G. Hill, from Associate Professor to Professor of
Secondary Education, effective Fall Semester, 1973. Dr. Hill has
completed the requirements for promotion and was recommended by the
Dean and Department Head.
15. Department of Sociology
Dr. Harold L. Clements, from Associate Professor to Professor of
Sociology and Head of the Department of Sociology, effective Fall
Semester, 1973. Dr. Clements has completed the requirements for
promotion and was recommended by the Dean.
Dr. Ben Edward Dickerson, from Assistant Professor to Associate
Professor of Sociology, effective Fall Semester, 1973. Dr. Dickerson
has completed the requirements for promotion and was recommended by
the Dean and Department Head.
73-53
Upon motion of Regent Maness, seconded by Regent Thomas, with all Regents
voting aye, it was ordered that the following retirement be accepted:
1. Department of Modern Languages
Dr. Warclaw Jarzebowski, Professor of Modern Languages, effective
July 15, 1973.
18-7
73-54
Upon motion of Regent Gray, seconded by Regent Bergman, with all Regents
voting aye, it was ordered that the following changes in status be
approved:
1. Student Affairs Division
Mr. Leonard L. Smith, from Assistant Dean of University Regulations
to Assistant Director of Housing at a salary rate of $10,100 for
twelve months effective March 1, 1973.
2. Maintenance
Mr. John H. Griswold, 56, from Carpenter (hourly rate) to Carpenter
Foreman, at a salary rate of $6,900 for twelve months effective
March 1, 1973.
73-55
Upon motion of Regent Perkins, seconded by Regent Maness, with all Regents
voting aye, it was ordered that the 1973-74 faculty and staff appointments
as submitted under separate cover be approved.
73-56
Upon motion of Regent Todd, seconded by Regent Gray, with all Regents
voting aye, it was ordered that the following budget adjustments be
approved:
Account No.
1972-73 Budget Adjustments
Account Name Amount
Source of Funds: Pledged Property Surplus $72,300
18-8
5290 Black Culture Week 1 ,QQQ
Source of Funds: Auxiliary Enterprises Surplus $1,000
(The adjustments are made necessary by increased costs of utilities, in
surance, and maintenance. Adjustments to Accounts 5570, 5575, and 5730
are made necessary by cost of repairs to air conditioning systems.
73-57
Upon motion of Regent Gray, seconded by Regent Bergman, with all Regents
voting aye, it was ordered that the contract with Taylor Brothers, Lufkin,
Texas, for $18,400 to paint the interior of Dormitory 13 be approved and
the Chairman of the Board authorized to sign the contract, as follows:
18-9
10
CONTRACT
THE STATE OF TEXAS J
COUNTY OF NAC06D0CHES X KNOW ALL MEN BY THESE PRESENTS:
THIS AGREEMENT, made this the 10th day of April, 1973, by and
between the BOARD OF REGENTS, STEPHEN F. AUSTIN STATE UNIVERSITY,
NACOGDOCHES, TEXAS, acting herein through its Chairman, hereinafter
called "Owner" and TAYLOR BROTHERS, LUFKIN, TEXAS 75901, hereinafter
called "Contractor."
WITNESSETH, that the Contractor and the Owner for the considera
tions hereinafter named agree as follows:
ARTICLE 1
THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, Conditions of the
Contract (General, Supplementary and Other Conditions), Drawings,
Specifications, all Addenda issued prior to execution of this Agreement
and all Modifications issued subsequent thereto. These form the Contract,
and all are as fully a part of the Contract as if attached to this Agree
ment or repeated herein. An enumeration of the Contract Documents appears
1n Article 17. If anything in the General Conditions is inconsistent
with this Agreement, the Agreement shall govern.
ARTICLE 2
THE WORK
The Contractor shall perform all the Work required by the Contract Documents
for
Repainting Dormitory 13.
18-10
11
ARTICLE 3
ARCHITECT
Tho Architect for this Project is: Kent, Marseilos & Scott
Architects-Engineers
Lufkin, Texas
ARTICLE 4
THE CONTRACTOR'S DUTIES AND STATUS
The Contractor accepts the relationship of trust and confidence established
between him and the Owner by this Agreement. He covenants with the Owner
to furnish his best skill and judgment and to cooperate with the Architect
in furthering the interests of the Owner. He agrees to furnish efficient
business administration and superintendence and to use his best efforts
to furnish at all times an adequate supply of workmen and materials, and
to perform the work in the best and soundest way and in the most expeditious
and economical manner consistent with the interests of the owner.
ARTICLE 5
TIME OF COMMENCEMENT AND COMPLETION
The Work to be performed under this Contract shall be commenced approximately
May 21, 1973, and completed by June 30, 1973.
ARTICLE 6
COST OF THE WORK AND GUARANTlED MAXIMUM COST
The Owner agrees to pay the Contractor the sum of Eighteen Thousand,
Four Hundred and No/100 Dollars ($18,400.00), the amount to be paid
within 10 days after the acceptance of the fully completed work.
18-11
12
ARTICLE 7
CONTRACTOR'S FEE
7.1 In consideration of the performance of the Contract, the Owner agrees
to pay the Contractor in current funds as compensation for his services a
Contractor's Fee as follows:
A fixed fee of One Thousand Five Hundred and No/100
Dollars ($1,500.00)
7.2 For Changes in the Work, the Contractor's Fee shall be adjusted as
follows:
For changes in the work shown on the drawings add or deduct
15% of the change in cost from the Contractor's Fee.
7.3 The Contractor shall be paid Fifty per cent (50%) of the proportionate
amount of his Fee with each progress payment, and the balance of his Fee
shall be paid at the time of final payment.
ARTICLE 8.
CHANGES IN THE WORK
8.1 The Owner may make Changes in the Work in accordance with Article 12
of the General Conditions insofar as such Article is consistent with this
Agreement. The Contractor shall be reimbursed for Changes in the Work on
the basis of Cost of the Work as defined in Article 9.
8.2 The Contractor's Fee for Changes in the Work shall be as set forth in
Paragraph 7.2, or in the absence of specific provisions therein, shall be
adjusted by negotiation on the basis of the Fee established for the original
Work.
18-12
ARTICLE 9
COSTS TO BE REIMBURSED
9.1 The term Cost of the Work shall mean costs necessarily incurred in
the proper performance of the Work and paid by the Contractor. Such costs
shall be at rates not higher than the standard paid in the locality of the
Work except with prior consent of the Owner, and shall include the items
set forth below in this Article 9.
9.1.1 Wages paid for labor in the direct employ of the Contractor in
the performance of the Work under applicable collective bargaining agree
ments, or under a salary or wage schedule agreed upon by the Owner and
Contractor, and including such welfare or other benefits, if any, as may
be payable with respect thereto.
9.1.2 Salaries of Contractor's employees when stationed at the field
office, in whatever capacity employed.
9.1.3 Cost of contributions, assessments or taxes for such items as
unemployment compensation and social security, insofar as such cost is based
on wages, salaries, or other remuneration paid to employees of the Con
tractor and included in the Cost of the Work under Subparagraphs 9.1.1 and
9.1.2
9.1.4 The proportion of reasonable transportation, traveling and hotel
expenses of the Contractor or of his officers or employees incurred in
discharge of duties connected with the Work.
9.1.5 Cost of all materials, supplies and equipment incorporated in the
Work, including costs of transportation thereof.
9.1.6 Payments made by the Contractor to Subcontractors for Work performed
pursuant to subcontracts under this Agreement.
18-13
14
9.1.7 Cost* including transportation and maintenance, of all materials,
supplies, equipment, temporary facilities and hand tools not owned by the
workmen, which are consumed in the performance of the Work, and cost
less salvage value on such items used but not consumed which remain the
property of the Contractor.
9.1.8 Rental charges of all necessary machinery and equipment, exclusive
of hand tools, used at the site of the Work, whether rented from the Con
tractor or others, including installation, Minor repairs and replacements,
dismantling, removal, transportation and delivery costs thereof, at rental
charges consistent with those prevailing in the area,
9.1.9 Cost of premiums for all bonds and insurance which the Contractor
is required by the Contract Documents to purchase and maintain.
9.1.10 Sales, use or similar taxes related to the Hork and for which the
Contractor is liable imposed by any governmental authority.
9.1.11 Permit fees, royalties, damages for infringement of patents and
costs of defending suits therefor, and deposits lost for causes other
than the Contractor's negligence.
9.1.12 Losses and expenses, not compensated by insurance or otherwise*
sustained by the Contractor in connection with the Work, provided they
have resulted from causes other than the fault or neglect of the Contractor
Such losses shall include settlements made with the written consent and
approval of the Owner. No such losses and expenses shall be included in
the Cost of the Work for the purpose of determining the Contractor's Fee.
If, however, such loss requires reconstruction and the Contractor is
placed in charge thereof, he shall be paid for his services a Fee
proportionate to that stated in Paragraph 7.1.
18-14
15
0.1.13 Minor expenses such as telegrams, long distance telephone calls,
telephone service at the site, expressage, and similar petty cash items
In connection with the Work.
9.1.14 Cost of removal of all debris.
9.1.15 Cost incurred due to an emergency affecting the safety of persons
and property.
9.1.16 Other costs Incurred in the performance of the Work if and to the
extent approved In advance in writing by the Owner.
ARTICLE 10
COSTS NOT TO BE REIMBURSED
10.1 The term Cost of the Work shall not include any of the items set
forth, below in this Article 10.
10.1.1 Salaries or other compensation of the Contractor's offices,
executives, general managers, estimators, auditors, accountants, pur
chasing and contracting agents and other employees at the Contractor's
principal office and branch offices, except employees of the Contractor
when engaged at shops or on the road in expediting the production or
transportation of materials or equipment for the Work.
10.1.2 Expenses of the Contractor's Principal and Branch Offices other
than the Field Office.
10.1.3 Any part of the Contractor's capital expenses, including interest
on the Contractor's capital employed for the Work.
10.1.4 Overhead or general expenses of any kind, except as may be expressly
included in Article 9.
10.1.5 Costs due to the negligence of the Contractor, any Subcontractor,
anyone directly or indirectly employed by any of them, or for whose acts
18-15
16
any of them may be liable, including but not limited to the correction of
defective Work, disposal of materials and equipment wrongly supplied, or
making good any damage to property.
10.1.6 The cost of any item not specifically and expressly included in
the items described in Article 9.
10.1.7 Costs in excess of the Guaranteed Maximum Cost, if any, as set
forth in Article 6 and adjusted pursuant to Article 8.
ARTICLE 11
DISCOUNTS, REBATES AND REFUNDS
All cash discounts shall accrue to the Contractor unless the Owner deposits
funds with the Contractor with which to make payments, in which case the
cash discounts shall accrue to the Owner. All trade discounts, rebates
and refunds, and all returns from sale of surplus materials and equipment
shall accrue to the Owner, and the Contractor shall make provisions so
that they can be secured.
ARTICLE 12
SUBCONTRACTS
12.1 All portions of the Work that the Contractor's organization has not
been accustomed to perform shall be performed under subcontracts. The
Contractor shall request bids from subcontractors and shall deliver such
bids to the Architect. The Architect will then determine, with the
advice of the Contractor and subject to the approval of the Owner, which
bids will be accepted.
12.2 All Subcontracts shall conform to the requirements of Paragraph
5.3 of the General Conditions. Subcontracts awarded on the basis of the
■18-16
17
cost of such work plus a fee shall also be subject to the provisions
of this Agreement insofar as applicable.
ARTICLE 13
ACCOUNTING RECORDS
The Contractor shall check all materials, equipment and labor entering
into the Work and shall keep such full and detailed accounts as may be
necessary for proper financial management under this Agreement, and the
system shall be satisfactory to the Owner. The Owner shall be afforded
access to all the Contractor's records, books, correspondence, instruc
tions, drawings, receipts, vouchers, memoranda and similar data relating
to this Contract, and the Contractor shall preserve all such records for
a period of three years after the final payment.
ARTICLE 14
APPLICATIONS FOR PAYMENT
The Contractor shall, at least ten days before each progress payment falls
due, deliver to the Architect a statement, sworn to if required, showing in
complete detail all moneys paid out or costs incurred by him on account of
the Cost of the Work during the previous month for which he is to be re
imbursed under Article 6 and the amount of the Contractor's Fee due as
provided in Article 7, together with payrolls for all labor and all re
ceipted bills for which payment has been received.
ARTICLE 15
PAYMENTS TO THE CONTRACTOR
15.1 The Architect will review the Contractor's statement of moneys due
as provided in Article 14 and will promptly issue a Certificate for Payment
18-17
18
to the Owner for such amount as he approves, which Certificate shall be
payable on or about the Tenth day of the month.
15.2 Final payment, constituting the unpaid balance of the Cost of the
Work and of the Contractor's Fee, shall be paid by the Owner to the
Contractor when the Work has been completed, the Contract fully performed
and a final Certificate for Payment has been issued by the Architect.
Final payment shall be due Thirty days after the date of issuance of
the final Certificate for Payment.
ARTICLE 16
TERMINATION OF THE CONTRACT
16.1 The Contract may be terminated by the Contractor as provided in
Article 14 of the General Conditions.
16.2 If the Owner terminates the Contract as provided in Article 14 of
the General Conditions, he shall reimburse the Contractor for any unpaid
Cost of the Work due him under Article 6, plus (1) the unpaid balance
of the Fee computed upon the Cost of the Work to the date of termination
at the rate of the percentage named in Article 7, or (2) if the Contractor's
Fee be stated as a fixed sum, such an amount as will increase the payments
on account of his Fee to a sum which bears the same ratio to the said
fixed sum as the Cost of the Work at the time of termination bears to the
adjusted Guaranteed Maximum Cost, if any, otherwise to a reasonable
estimated Cost of the Work, when completed. The Owner shall also pay
to the Contractor fair compensation, either by purchase or rental at the
election of the Owner, for any equipment retained. In case of such
termination of the Contract the Owner shall further assume and become liable
for obligations, commitments and unsettled claims that the Contractor has
18-18
19
previously undertaken or incurred in good faith in connection with said
Work. The Contractor shall, as a condition of receiving the payments
referred to in this Article 16, execute and deliver all such papers and
take all such steps, including the legal assignment of his contractual
rights, as the Owner may require for the purpose of fully vesting in
him the rights and benefits of the Contractor under such obligations
or commitments.
ARTICLE 17
MISCELLANEOUS PROVISIONS
17.2 Terms used in this Agreement which are defined in the Conditions
of the Contract shall have the meanings designated in those conditions.
17.2 The Contract Documents, which constitute the entire agreement
between the Owner and the Contractor, are listed in Article 1 and,
except for Modifications Issued after execution of this Agreement, are
enumerated as follows:
1. This Agreement
2. Instruction to Bidders - A.I.A. Document A701.
General Conditions for the Contract for Construction - A.LA.
Document A201.
3. Dormitory 13: Repainting.
Exterior: All presently painted surfaces of wood, metal and stucco
Interior: All plastered walls except mechanical rooms. All
doors and door bucks. All built-in furniture. Ceilings in
rest rooms and laundrys. Stair rails and air conditioning
vents.
18-19
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4. The Contractor shall furnish Insurance acceptable to the
Owner as follows:
a. Compensation and Employer's Liability Insurance as
required by law,
b. Comprehensive General Liability Insurance and Com
prehensive Automobile Liability Insurance $300,000.00-
$500,000.00. Property Damage $100,000.00-$3Q0,000.00.
Provide Owner's Protective Liability Insurance naming
the Owner and the Architect/Engineer in the same amounts.
For purpose of complying with the State of Texas Sales Tax the
following is a division between labor and materials:
Labor
Material
Total $18,400.00
IN WITNESS WHEREOF, the parties of these presents have executed
this Contract 1n four (4) counterparts, each of which shall be deemed an
original in the year and day first above mentioned.
SEAL BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
Witness Chairman
TAYLOR BROTHERS
SEAL
Lufkin, Texas
Address
18-20
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READ AND EXAMINED:
Board of Regents, Stephen F. Austin State University
APPROVED AS TO FORM:
ATTORNEY GENERAL OF TEXAS
Assistant
(1) Corporation name of Owner
(2) Title of authorized official
(3) Strike out inapplicable terms. Secretary of the Owner should attest.
If Contractor is corporation, Secretary should attest. Give proper
title of each person executing Contract.
18-21
22
Upon motion of Regent Thomas, seconded by Regent Bergman, with all
KcMjonts voting aye, it was ordered that the contract with Conlee
Brothers Moving and Storage for $14,995.00 to move the Library holdings
to the new building be approved and the Chairman of the Board be
authorized to sign the contract, as follows:
18-22
23
CONTRACT
THE STATE OF TEXAS j
COUNTY OF NACOGDOCHES J KNOW ALL MEN BY THESE PRESENTS:
THIS AGREEMENT, made this the 10th day of April, 1973, by and
between the BOARD OF REGENTS, STEPHEN F. AUSTIN STATE UNIVERSITY, NACOGDOCHES,
TEXAS, acting herein through its Chairman, hereinafter called "Owner" and
CONLEE BROTHERS MOVING AND STORAGE, BRYAN, TEXAS, hereinafter called
"Contractor."
WITNESSETH: that the Contractor and the Owner for the considera
tions hereinafter named agree as follows:
1. The Contractor agrees to provide all of the materials, furnish the
labor, and do all things necessary to complete fully all of the work
described in the Specifications entitled MOVING OF LIBRARY BOOKS AND
OTHER HOLDINGS FROM THE EXISTING LIBRARY BUILDING TO THE NEW LIBRARY
BUILDING OF STEPHEN F. AUSTIN STATE UNIVERSITY, NACOGDOCHES, TEXAS, as
outlined 1n the Specifications for the bidding March 29, 1973, and shall
do everything required by this Agreement and those Specifications as if
hereto attached or herein repeated.
2. The Work to be performed under this Contract which commences at a
time stipulated by the Owner estimated to be during July or August
1973 and shall be fully completed within 10 consecutive calendar days.
Contractor further agrees to pay as liquidated damages the sum of $50
for each calendar day thereafter the Work remains unfinished as provided
in the Specifications.
18-23
24
3. The Owner shall pay the Contractor for the performance of the Contract
$14,995 out of current funds available to the Owner for expenditure
for the use and benefit of Stephen F. Austin State University. The
basis of the above contract price is as follows:
Base Bid - $14,995.00
The Owner shall make payment on account of the contract as provided
therein as follows: After substantial completion of the Contract has
been performed and same has been found satisfactory to the Owner, a
payment of 1002 of the Contract Price shall be due within 15 days
providing the Contractor shall provide invoices in quadruplicate.
4. The Contractor shall pay premium for and furnish Performance Bond
and Payment Bond in amount of 10055 of Contract Price; on form to be
furnished by Architect, with sureties acceptable to the Owner,
conditioned:
1. That Contractor shall faithfully perform his Contract
and fully indemnify and save Owner harmless from all
costs and damages which may be suffered by reason of
failure to do so, and fully reimburse and repay Owner
all outlay and expense which Owner may incur in making
good any default.
2. That Contractor shall pay all persons who have con
tracts directly with Contractor for labor and materials
save which persons shall have a direct action against
» Contractor and the surety on his bond, subject to
Owner's priority.
18-24
25
Surety Companies shall be on approved list of U. S. Treasury
Department of "Companies holding Certificates of Authority from
the Secretary of the Treasury under the Act of Congress Approved
July 30, 1957, as Acceptable Sureties on Federal Bonds11 and within
the Underwriting Limitations listed therein for any single risk.
Bond shall comply with requirements of all state laws; including
those of Article 5160 Revised Civil Statutes of Texas, 1925, as
amended by House Bill 344, Acts 56th Legislature, Regular Session,
1959, effective April 27, 1959.
6. The Contractor shall effect, pay for and maintain during the life
of this Contract insurance acceptable to the Owner, conforming to
the following schedule:
a) Workmen's Compensation: As required by the laws of the State
of Texas.
b) Contractor's Public Liability and Property Insurance: In-an
amount not less than $100,000 for injury to or death of any one
person, and $300,000 for any one accident or occurrence and
Property Damage Insurance in an amount not less than $100,000.
c) Automotive Liability and Propet *:y Damage Insurance covering all
automobiles and vehicles used in the contractor's operations on
the campus in an amount not less than $50,000 for injury to or
death of any one person and in the amount of $100,000 for
injury to or death in any one occurrence and covering property
damage not less than $25,000.
d) Before commencement of operations hereunder, Contractor shall
18-25
26
furnish certificates of the above mentioned insurance policies
from the insurance carrier.
6. The Contractor shall complete the several portions and the whole
of the Work called for in this Agreement, and shall deliver said
improvements or services upon completion to the Owner free and
clear of all liens and claims for labor furnished or materials
used or other indebtedness whatsoever.
7. For purposes complying with State of Texas Sales Tax, the following
is a division between labor and materials:
Labor $14,995.00
IN WITNESS WHEREOF, the parties of these presents have executed
this Contract in four (4) counterparts, each of which shall bo deemed
an original in the year and day first above mentioned.
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
By Is/ C. G. Haas
Secretary
SEAL
Witness
READ AND EXAMINED:
By Is/ R. E. McGee
Chairman
CONLEE BROTHERS MOVING & STORAGE
Drawer 473
600 S. Bryan
Bryan, Texas 77801
I si C. G. Haas
Board of Regents, Stephen F. Austin State University
18-26
27
PAYMENT BOND
('i'o he used in Texas as required by Chapter 93 of
the Regular Session of the 56th Legislature of Texas)
Till; STATi: 01" TEXAS
COUNTY OF URAZDS
KNOW ALL MliN BY Tlll-Sli PRESENTS: That we (1)
COiVLEc BROTHERS MOVING & STbdAGE
v.^y f^jp\/ i nn nnri .^tiq*par\
of Dryun, Texas
hereinafter called Principal and (3) uartfnrri c ■,+ in^uranra rnr.nunv
of Hartford f State of Connecticut hereinafter
called the Surety, are held and firmly bound unto (4)
board of Regents, Stephen F# Austin State University
hereinafter called Owner, unto all persons, firms, and corporations who may
furnish materials for, or perform labor upon the building or improvements
hereinafter referred to in the penal sum of Fourteen thousand nine hundred
ninety five and no/lUO DOLLARS ($ 1**,9S5.QQ )
in lawful money of the United States, to be paid in (5)
, for the payment of which sum well and
truly to be made, we bind ourselves, our heirs, executors, administrators and
successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal
entered into a certain contract with (6) Rqarri of Rpgents, stfiphP.n F- Austin
.'JtatG University > the Owner, dated
the IDLh day of April > A. D. 19 73 , a copy of
which is hereto attached and made a part hereof for the construction of:
for moving library books, periddicals, neuspapers and other materials and
inr:luiJinu library furniture, equipment and supplies from tns existing Library
building to the (Mow Library Bldg, on the campus of Stephen F. Austin State
University,
18-27
28
-2-
NOW, TIII-REFORI', l.hc condition of this obligation is such that, if
the Principal shall promptly make payment to all claimants as defined
in Article !>]<>() Revised Civil Statutes of Texas, 1925, as amended by House
Kill 34*1, Acts 56th Legislature, Regular Session, 1959, effective April 27,
1959, supplying labor and materials in the prosecution of the work provided
for in said Contract, then this obligation shall be null and void; otherwise,
it shall remain in full force and effect.
This bond is made and entered into solely for the protection of all
claimants supplying labor and materials in the prosectuion of the work
provided for in said Contract, and all such claimants shall have a direct
right of action under the bond as provided in Article 5160, Revised Civil
Statutes, 1925, as amended by House Bill 344, Acts 56th Legislature, Regular
Session, 1959.
PROVIDED FURTHER, that if any legal action be filed upon this bond,
venue shall lie in Nacogdochcs County, State of Texas,
and that the said Surety, for value received hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of
the Contract or to the work to be performed thereunder or the Specifications
accompanying the same shall in any wise affect its obligation on this bond,
and it does hereby waive notice of any change, extension of time, alteration
or addition to the terms of the Contract or to the work or to the Specifications.
PROVIDED FURTHER, that no final settlement between the Owner and the
Contractor shall abridge the right of any beneficiary hereunder, whose claim
may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in six counterparts,
each one of which shall be deemed an original, this the i+th
day of M , A. D. , 19 71
ATTEST:
(Principal) Secretary BY
SEAL
Witness as to Principal
Address
18-28
29
-3-
A'lTHST:
I'.nrtf nrrl Hbf.i i;i I t\yi T n:;ii r^
Surety
(Surety) Secretary * Attorney-i'n-Fact
APPROVED AS TO FORM:
Witness as to Surety ATTORNEY GENERAL OF TEXAS
BY:
Address Assistant Attorney General
NOTE: Date of Bond must not be prior to date of Contract.
(1) Correct name of Contractor
(2) A Corporation, A Partnership or an individual, as case
may be.
(3) Correct name of Surety
(4) Correct name of Owner
(5) County of Parish and State
(6) Owner
(7) If Contractor is Partnership, all partners should
execute bond.
18-29
CKKTIFICATK OF INKUUANUK
•9 (11 Han ford Fire Insurance Company 4j ftfj New York Underwriter* Innuruiice Company
[ (51 Hartford Accident and Indc
' Q] Citizens Insurance Company of New Jersey
Vtf-* TUP ini)T|'/|h|\ -5 I) Hartford 1< ire -5 (oj UnuerwrilerN InnurancoCi^
$ I lit\ IlAIlI 1041/ u (51 Hartford Accident and Indemnity Company u 171 Twin City Fire Insurance Company
1«V^ INM M \N< K <.H(M I* U m ( :u |7nlt. Lunranro Cnmnonv nf Now Inrtov (3
30
This is to certify that the company designated
cm by Co. Code has issued to the named insured
• policies enumerated l>clo\v.
CCUt
5 Named insured and Address
CONLEE BROTHERS MOVING a STORAGE
P.O. Drawer V72
Bryan, Texas 77001
ic |K)licies indicated herein apply wilh respect to the hazards and for the coverages and limits of liability indicated l»y
iTtlic entry heroin hut this certificate of Insurance does not amend, extend or otherwise alter the terms and conditions
the insurance coverage in the policies identified herein.
(SINGLE LIMIT)
Coverages and Limits of Liability
(DUAL LIMITS)
Hazards
Policy Number
and
Policy Term
llorilly Injury and
Properly Damage Liability
Ilodlly Injury Liability Property Diimaftc Liability
•ouch
occurrence
•each
occurrence
ncral Liability
•miscs-Opcrations
lc|>ciuieiit Contractor*
mplctcd Operations;
30.0,ooo s 100 ,ooo$
300 ,ooos 100 ^.o(M)S_13UO,ooo
300 ooos 100 .ooos liOO.ooo
S 300 Vooo xxxx
Dtractnal (as dcscrilicfl.
»clo\v)
xxxx
ooo $100 ,ooo $ lUU.ooo
tomobile Liability
ncd Automobiles
cd Automobiles
n-Owned Automobiles
,000 $
,000 $
,000$
100 ,ooo
100 ,oo<>
100 ,ooo
xxxx
xxxx
xxxx
>rkmenfs Compensation | 61 UG 800192
and I 10/20/72-73
Employers* Liability
Compensation — Statutory
Kmploycrs* Liability $ 100 ,000
i bird la Liability ,000,000
with respect to Automobile Liability the Policy Number entered above includes the symbol GB, AZ, M VI\ M A<£ or PGB, the word "occurrence"
mended to read "accident". '
cation and description of operations, automobiles, contracts, etc. (For contracts, indicate type of agreement, party and
te.) !
If policy is canceled,30 days
written notice will be given to:
lc May k9 1973
m Al.-U-J l'rinlnl in U. S. A. V"70
Stephen F. Austin State University
fvlacogdoches, Texas 75961
fAIMCO/THE ANDERSON COMPANY ^ ch"
A uthonztd Kefrresensitive
18-30
PliKl'ORMANCli BOND 31
('i'o be used in Texris as required by Chapter 93 of the
Rcj»,ul;ir Session of the 56th Legislature of Texas)
Till: STATI; 01' TlXAS
COUNTY 01- bIHAZUS
KNOW ALL MI!N BY TIIHSls PRESENTS: That we (1)
CUIMLEE HHuTKERS hUWIIMG & STORAGE
of (2) Bryan, Texas hereinafter called
Principal and (3) Hartford Casualty/ Insurance Company of
Hartford State of Connecticut
hereinafter called the Surety, are held and firmly bound into (4)
l;)o;ird of Regents. Stephen F, Austin State Uniwprsity
hereinafter called Owner, in the penal sum of Fourteen thnusanri ninp hnnd^pH
ninety fivu and no/IDD - - - -
DOLLARS ($ l*4t995.QQ ), in lawful money of the United States,
to be paid in (5) Nacogdoches. Texas >
for the payment of which sum well and truly to be made, we bind ourselves, our
heirs, executors, administrators and successors, jointly and severally, firmly
by these presents.
Till: CONDITION OF THIS OBLIGATION is such that Whereas, the Principal
entered into a certain Contract with (6) Board of Regents. Stephen F. Austin
LituLu University ,
the Owner, dated the IQthday of April , A. D., 19 73 > a copy
of which is attached hereto and made a part hereof for the construction of:
for moving library books, periodicals, neuspapers and other materials ana
inu'ludinij library furniture, equipment and supplies from the existing Library
b(V(crein9caft<^lhc8wWoi^f.ry Bld9# °n the camPus of Stephen F. Austin state
University,
18-31
32
-2-
NOW, 'rill.KI.I OKI., i I' 1 In Principal shall well, truly ;i imI faithfully
perform I he work in .'KTurtlaiuT willi I he I'lair;, Spec i I i cat i on:, ami (!onl r act
Documents during l he «»r i ;• i n.*i I term thereof, ;in<l any ex t in:; i on:; thereof
which may he granted hy (he Owner, with or without notice to the; Surety,
and, if he shall satisfy all claims ami demands incurred under such Contract,
and shall fully indemnify and save harmless the Owner from all costs and
damages which it may suffer by reason of failure to do so, and shall reimburse
and repay the Owner nil outlay and expense which the Owner may incur in making
good any default, then this obligation shall be void; otherwise to remain
in full force and effect.
NOW, THEREFORE, if the Principal shall repair any and all defects in
said work occasioned by and resulting from defects in materials4furnished
by, or workmanship of the Principal in performing the work covered by said
Contract, occurring within a period of twelve (12) months from the date of
the Contract Completion Certificate, then this obligation shall!be null and
void, otherwise to remain in full force and effect. •
PROVIDED FURTHER, that if any legal action be filed upon this bond
venue shall lie in i\iacandaL:hEG County, State of
Texas and that the said Surety, for value received hereby stipulates and
agrees that no change, extension of time, alteration or addition to the
terms of the Contract or to the work to be performed thereunder or the
Specifications accompanying the same shall in any wise affect its obligation
of this bond, and it docs hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the Contract or to the work
or to the Specifications.
PROVI Dlil), HOWHVHR, that this bond is executed pursuant to the provisions
of Article 5160 of the Revised Civil Statutes of Texas as amended by Acts
of the 56th Legislature, 1959, and all liabilities on this bond shall be
determined in accordance with the provisions of said Article to the*'same
extent as if it were copied at length.
IN WITNESS WHEREOF, this instrument is executed in six counterparts,
each one of which shall be deemed an original, this the *»th
day of May , A. D. 19
ATTEST:
(Principal) Secretary
18-32
33
-3-
ATTI-ST:
Hnrtforu Criau;j.'Uy Insurance Company
Surety
^ ^
(Surety) Secretary "" ' Attorne/-in-Fact
APPROVED AS TO FORM:
Witness as to Surety ATTORNEY GENERAL OF TEXAS
BY:
Address Assistant Attorney General
NOTE: Date of Bond must not be prior to date of Contract.
(1) Correct name of Contractor
(2) A Corporation, A Partnership or an individual, as case
may be.
(3) Correct name of Surety
(4) Correct name of Owner
(5) County of Parish and State
(6) Owner
(7) If Contractor is Partnership, all partners should
execute bond.
18-33
INSURANCE GROUP
HARTFOAO. CONNECTICUT
CERTIFICATE OF INSURANCE
•§ DQ Hartford Fire Insurance Company 4j ft) New York Underwrite™ IiiMuruncc Company
u
QQ Citizens Insurance Company of New Jersey
lilt IlAIllrlHlU *?(S Hartford Accident and Indemnity Company ^ (7J Twin City Fire Insurance Company
34
This is to certify that the company designated
erein by Co. Code has issued to the named insured
le policies enumerated below.
Co. Code
Named Insured and Address
CQNLEE BROTHERS MOVING & STORAGE
P.O. Drawer 472
Bryanf Texaa 77801
lie policies indicated herein apply with respect to the hazards and for the coverages and limits of liability indicated by
pecific entry herein but this certificate of Insurance does not amend, extend or otherwise alter the terms and conditions
f the insurance coverage in the policies identified herein.
Coverages and Limits of Liability
(SINGLE"l7lMJT)~ (DUAL LIMITS)
Hazards
leneral Liability
remises-Opcrations
idependent Contractors
ompleted Operations;
Products
ontractual (as described
below)
Policy Number
and
Policy Term
Bodily Injury and
Property Damage Liability
Bodily Injury Liability
♦each
« currence
61 C 826976
7/20/72—73 ,000$
,000$
,000$
,000$
,000$
,000$
,000$
100
100
,000 $
_ ,000$ 300
.oooiTXQQ ,oo6$ 300""'
,000 Aggregate: $'30Q
300 000 $
000 $
"ooo $
,000
ooo $ 100 tooo $ 300 ,ooo $ 100 ,<M>o $ 100
Property Ihtiuuiic
100
100
100
xxxx
,000 S
000$
ooo $
50Q M)O
500 too
500 ^oo
xxxx
,000
u torn obi le Liability
Automobiles
ired Automobiles
61 PC 111139
7/20/72-^73 ,000 xxxx $ 100 ,,< 000 $
,000 xxxx
on-Owned Automobiles
,000 XXXX
$100 ,
$ 100 ,
000$
000$
300
300
300 ,,
000$
,000 $
,000$
100 ,ooo
100 ,ooo
100 .o
xxxx
xxxx
xxxx
'orkmen'8 Compensation
and
Employers' Liability
bl UJb 6U019Z
10/20/72-73
"omponsation — Statutory
iCmploycrs' Liability 100 ,000
mbrella Liability ,000,000
f with respect to Automobile Liability the Policy Number entered above includes the symbol GB, AZ, MVP, MAG or PGH, the word 'Wurrcnce1'
amended to read "accident". • ••■■
xation and description of operations, automobiles, contracts, etc. (For contracts, indicate type of agreement, party and
ite.)
if policy is canceled,30 day8
written notice will be given to:
atc May 4, 1973
Primal in V. K A, 9-'7O
Stephen F. Austin Stata Univereitv
Nacogdochea9 Texaa 75961
iCO/THE ANDERSON COMPANY - ch
A uthorized Representative
18-34
35
73-59
Upon motion of Regent Perkins, seconded by Regent Todd, with all Regents
voting aye, it was ordered that the following room and board rates be
approved for the 1973-74 academic year:
For Accounting Purposes Only:
Dormitory
No. and Name
(Meals)
(Room) - Dorms 1,
2, 3, 5, 8, 11
- Dorms 7,
9, 10, 12-19
18-35
36
73-60
Upon motion of Regent Perkins, seconded by Regent Todd, with all Regents
voting aye, 1t was ordered that the contract for Coliseum Seating be
placed with the low bidder, J. F. Clark Company of Dallas, Texas, for
$29,995.00, as follows:
18-36
37
OWNER CONTRACTOR AGREEMENT
AGREEMENT made this tenth day of April in the year of Nineteen Hundred and Seventy-three
between Stephen F. Austin State University, the Owner, and J. F. Clark Company,
the Contractor.
The Owner and the Contractor agree as set forth below.
ARTICLE 1
THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, Conditions of the Contract (General,
Supplementary and other Conditions), Drawings, Specifications, all Addenda issued prior
to execution of this Agreement and all Modifications issued subsequent thereto. These
form the Contract, and all are as fully a part of the Contract as if attached to this Agree
ment or repeated herein. An enumeration of the Contract Documents appears in Article 8.
ARTICLE 2
THE WORK
The Contractor shall perform all the Work required by the Contract Documents for STEPHEN
F. AUSTIN STATE UNIVERSITY COLISEUM: SEATING, Nacogdoches, Texas.
ARTICLE 3
ARCHITECT
The Architect for this Project is S. I. Morris Associates, 3465 West Alabama, Houston,
Texas.
18-37
38
ARTICLE 4
TIME OF COMMENCEMENT AND COMPLETION
The Work to be performed under this Contract shall be commenced on the date stipulated
in the written Notice to Proceed from the Owner, and completed within the completion
time set forth in an agreement for construction of the Coliseum between the Owner and
another contractor, said completion time being four hundred, fifty-five (455) consecutive
calendar days from date of commencement of the Coliseum work, provided that the Coli
seum work shall be sufficiently completed and in suitable condition to allow the Contractor
to commence installation of material a minimum of thirty (30) consecutive calendar days
prior to the expiration of the above-stated completion time. Subject to the stipulations
herein and in Article 14 of the Supplementary Conditions, the Contractor shall pay to
the Owner as liquidated damages, the sum of One Hundred Dollars ($100.00) for each
consecutive calendar day that the Work is not completed after the above-stated comple
tion time.
ARTICLE 5
CONTRACT SUM
The Owner shall pay the Contractor for the perforn/wce of the Work, subject to additions
and deductions by Change Order as provided in the Conditions of the Contract, in current
funds, the Contract Sum of Twenty Nine Thousand, Nine Hundred, Ninety Five Dollars
($29,995.00).
For purposes of complying with the State of Texas Sales Tax, the following is a division
between labor and materials:
Labor $ 5,725.00
Materials $24,270.00
Total $29,995.00
18-38
39
ARTICLE 6
PROGRESS PAYMENTS
Based upon Applications for Payment submitted to the Architect by the Contractor and
Certificates for Payment issued by the Architect, the Owner shall make progress payments
on account of the Contract Sum to the Contractor as provided in the Conditions of the
Contract as follows:
Fifty (50) per cent of the Contract Sum when all materials and equipment have been
delivered and suitably stored at the site or at some other location agreed upon in writing
by the parties, provided that materials and equipment shall be delivered and stored at
a time agreed upon in writing by the parties and not unreasonably in advance of commence
ment of installation work; and upon Substantial Completion of the entire Work, a sum suf
ficient to increase the total payments to ninety (90) per cent of the Contract Sum, less
such retainages as the Architect shall determine for all incomplete Work and unsettled claims,
ARTICLE 7
FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by
the Owner to the Contractor within thirty (30) days after Substantial Completion of the
Work unless otherwise stipulated in the Certificate of Substantial Completion, provided the
Work has been completed, the Contract fully performed, and a final Certificate for Pay
ment has been issued by the Architect.
ARTICLE 8
MISCELLANEOUS PROVISIONS
8.1 Terms used in this Agreement which are defined in the Conditions of the Contract
shall have the meanings designated in those Conditions.
18-39
40
8.2 The Contract Documents, which constitute the entire agreement between the Owner
and the Contractor, are listed In Article 1 and, except for Modifications issued after
execution of this Agreement, are enumerated as follows:
A. This Agreement, dated April 10, 1973
B. Conditions of the Contract
(1) General Conditions of the Contract for Construction, A. LA.
Document A201, April 1970 Edition, 17 pages.
(2) Supplementary Conditions, dated February 2, 1973, 9 pages.
C. Drawings,dated February 2, 1973, Sheets SE-1, SE~2 and SE-3.
D. Specifications, dated February 2, 1973
(1) Division 1 - General Requirements, Sections 1A through ID,
8 pages•
(2) Division 12 - Furnishings, Section 12A, 3 pages.
18-40
41
This Agreement executed the day and year first written above.
OWNER
STEPHEN F. AUSTIN STATE UNIVERSITY
A'f /A '
R.E. McGee
Chairman Board of Regents
Stephen F. Austin State University
Attested by:
■ft
C. G. Haas, Secretary
CONTRACTOR
J. F. CLARK COMPANY
J/F. Clark. President
Attested by:
y*
18-41
CERTIFICATE OF INSURANCE 42
THIS IS TO CERTIFY that the following policies, subject to their terms, conditions and exclusions, have been issued by
this company.
This is not a policy of insuranco, nor is it an endorsement making tho person, firm or corporation at whoso roauost it is
issuod ^n additional insurod on tho policy or policios roforred to herein. However, in tho event of cancellation or any roduction of
limits of liability of any policy or policios listed below, the company will give the party to whom this certificate is issuod, and at tho
address statod noroin, ten (10) days advance notice. The mailing of such notice as aforesaid shall be sufficient proof of notice.
1. Name and address ol party to whom this certificate is issued.
VICE PRESIDENT FOR
C. G. IIAAS
MB. BrnXHOfKHK,
FISCAL AFFAIRS
STEPHEN F. AUSTIN STATE UNIVERSITY
NACOGDOCHES, TEXAS 75961
1
J
2. Name and address of insured
J. F. CLARK COMPANY
8609 Northwest Plaza Drive
Dallas, Texas 75225
Insurance Company
If Insurance Co
ilf Insurance Co
If Insurance Co,
Type of Insurance
Workmen's Compensation
and
EmployersJLiability
Comprehensive
General Liability
we 5518985
GA 5659375
Comprehensive Automobile
Liability**
Policy
Number
GA 5659375
anket Contracts ,1 coverage provided as per contractual coverage par: attached to policy.
Effective
Date
6-19-72
6-19-72
6-19-72
Expiration
Date
6-19-73
6-19-73
6-19-73
LIMITS OF LIABILITY*
Statutory
Employers Liability Limit—$100,000
Bodil
Property Damage
50,000.
iily Injury
166,000. Each Person
Occurrence
300, OOP. Aggregate Products
Each Occurrence
50, OOP. Aggregate Operations
50, OOP, Aggregate Protective
5O,OOO. Aggregate Products
5O,(XX), Aggregate Contractual I
Bodily Injury
300,000. Each Person
500,000. Each Occurrence
Property Damage
$ §00,000. Each Occurrence
'Absence of any appropriate entry meant no tuch insurance is in fore*.
••Covers oil owned, nonowntd or hired vehicles.
This Certificate of Insurance neither affirmatively or negatively amends, extends or alters the coverage afforded by the policy
or policies shown above,
ited ^-9-73 Alexander a Ajlkxlaxdkr of Texas
34th Floor, 2001 Bryan Tower, Dallas, Texas 75201
imarks Seating for Coliseum project
By- W\
Authorised Representative* of the Insurance Companies referred to above.
18-42
.'li KONI) 43
(To he used in Tex;is as required by Chapter 93 of the
Regular Session of the !>f>th Legislature of Texas)
TNI! STATIi ()!• JTexas
COUNTY ()l; Dallas
KNOW ML MliN BY TllliSli PRIiSliNTS: That we (1) J. F. Clark Company
of (2) Dallas, Texas hereinafter called
Principal and (3) National Surety Corporation of
Chicago State of Illinois
hereinafter called the Surety, are held and firmly bound into (4)
Stephen F, Austin State University
hereinafter called Owner, in the penal sum of
Twenty Nine Thousand Nine Hundred Ninety Five and no/100«
DOLLARS ($ 29, 995,00 ), in lawful money of the United States,
to be paid in (5) Nacogdoches, Texas
for the payment of which sum well and truly to be made, we bind ourselves, our
hell's, executors, administrators and successors, jointly and severally, firmly
by these presents.
Till: CONDITION OF THIS OBLIGATION is such that Whereas, the Principal
entered into a certain Contract with (6) Stephen F. Austin State University
the Owner, dated the 10th day of April , A. D., 19 73 f a copy
of which is attached hereto and made a part hereof for the construction of:
Stephen F» Austin State University Coliseum; Seating, Nacogdoches, Texas
(Herein called the "Work").
18-43
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NOW, Tlli;Ki;i()l'r., if (he Principal shall well, truly and faithfully
perform I In- worl. in accordance with (he Plans, Specifications and Contract
Docuiiunt s ili.riii)'. I he original term thereof, and any extensions thereof
which may be granted by the Owner, with or without: notice1 to the Surety,
iiiul, if he shall satisfy alJ claims and demands incurred under such Contract,
and shall fully indeinni I'y and save harmless the Owner from all costs and
damages which it may suffer by reason of failure to do so, and shall reimburse
and repay the Owner all outlay and expense which the Owner may incur in making
good any default, then this obligation shall be void; otherwise to remain
in full force and effect.
NOW, TlIHRHFOki;, if the Principal shall repair any and all defects in
said work occasioned by and resulting from defects in materials furnished
by, or workmanship of the Principal in performing the work covered by said
Contract, occurring within a period of twelve (12) months from the date of
the Contract Completion Certificate, then this obligation shall be null and
void, otherwise to remain in full force and effect*
PROVIDIil) FURTIII-R, that if any legal action be filed upon this bond
venue shall lie in Nacogdoches County, State of
Texas and (hat the sTu'f "Surety, for "value received hereby stipulates and
agrees (hat no change, extension of time, alteration or addition to the
terms of (he Contract or to the work to be performed thereunder or the
Specification!; accompanying the same shall in any wise affect its obligation
of this bond, and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the Contract or to the work
or to the Specifications.
PROVfDT.n, HOWIiVHR, that this bond is executed pursuant to the provisions
of Article 51 60 of the Revised Civil Statutes of Texas as amended by Acts
of the 56th Legislature, 1959, and all liabilities on this bond shall be
determined in accordance with the provisions of said Article to the same
extent as if it were copied at length.
IN WITNIiSS WllKRIiOF, this instrument is executed in six counterparts,
each one of which shall he deemed an original, this the 10th
day of April > A- D- 19_U_-
ATTI-ST:
J. F. Clark Company
(Pri nc i pa 1) Secretary
WitWtTs as ton7!* i iu?i[)a 1
Suite 201,8609 Northwest Plaza Dr.
(AddirV'sVj' Dallas", Texas 75225
18-44
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-3-
A'l ti-nt:
Attorney-in-Fact
Joe Bruce
2^
Witness as toSurcly
Dallas, Texas
Address
APPROVED AS TO FORM:
ATTORNEY GENERAL OF TEXAS
BY:
Assistant Attorney General
NOTIi: Date of Bond must not be prior to date of Contract.
(1) Correct name of Contractor
(2) A Corporation, A Partnership or an individual, as case
may be.
(3) Correct name of Surety
(A) Correct name of Owner
(5) County of Parish and State
(6) Owner
(7) If Contractor is Partnership, all partners should
execute bond.
18-45
46
PAYMIiNT ItONl)
(To bo used in Texas as required by Chapter 93 of
the Regular Session of the f>(>th Legislature of Texas)
Till- STATIi 0l; Texas
COUNTY ()!•' Dallas
KNOW ALL MliN BY TilHSIi PMiSI-NTS: That we (1) J. F. Clark Company
a (2) Individual
of Dallast Texas
hereinafter called Principal and (3) National Surety Corporation
of Chicago > State of Illinois hereinafter
called the Surety, are held and firmly bound unto (4) Stephen F. Austin
State University
hereinafter called Owner, unto all persons, firms, and corporations who may
furnish materials for, or perform labor upon the building or improvements
hereinafter referred to in the penal sum of Twenty Nine Thousand Nine
jfoindred Ninety Five fir no/100-— DOLLARS ($ 2Q, QQ5. 00 )
in lawful money of the United States, to be paid in (5) Ntft^gdoeheg, Texas
, for the payment of which sum well and
truly to be made, we bind ourselves, our heirs, executors, administrators and
successors, jointly and severally, firmly by these presents.
Till.: CONDITION OF THIS OBLIGATION is such that Whereas, the Principal
entered into a certain contract with (6) Stephen F. Austin State University
, the Owner, dated
the 10th day of April , A. D. 19 73 , a copy of
which is hereto attached and made a part hereof for the construction of:
Stephen F. Austin State University Coliseum: Seating, Nacogdoches. Texas
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-2-
NOW, irilliUlil;()UIi, the condition of this obligation is such that, if
the Principal shall promptly make payment to all claimants as defined
in Article 5160 Revised Civil Statutes of Texas, 1925, as amended by House
Hill MA, Acts 56th Legislature, Regular Session, 1959, effective April 27,
IDS!), supplying labor and materials in the prosecution of the work provided
Cor in said Contract, then this obligation shall be null and void; otherwise,
it shall remain in full force and effect.
This bond is made and entered into solely for the protection of all
claimants supplying labor and materials in the prosectuion of the work
provided for in said Contract, and all such claimants shall have a direct
right of action under the bond as provided in Article 5160, Revised Civil
Statutes, 1925, as amended by House Bill 344, Acts 56th Legislature, Regular
Session, 1959.
PROVIDM) FURTHER, that if any legal action be filed upon this bond,
venue shall lie in Nacogdoches County, State of Texas,
and that the said Surety, for value received hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of
the Contract or to the work to be performed thereunder or the Specifications
accompanying the same shall in any wise affect its obligation on this bond,
and it docs hereby waive notice of any change, extension of time, alteration
or addition to the terms of the Contract or to the work or to the Specifications,
PROVJDPJ) FURTHER, that no final settlement between the Owner and the
Contractor shall abridge the right of any beneficiary hereunder, whose claim
may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in six counterparts,
each one of which shall be deemed an original, this the JOth
day of April ' A- D-> 19 12-
ATTEST:
J. F. Clark Company
Principal
TFrTne i pa 1) Sec rota ry BY_
SEAL
Suite 201, 8609 Northwest Plaza Dr.
75225
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National Surety Corporation
"(Sun't.")-)" "SccV'cTt-irf y ~ // Attorney-in-);act
o y Joe Bruce
APPROVED AS TO FORM:
ATTORNEY GENERAL OF TEXAS
Dallas, Texas BY: _^
Address" Assistant Attorney General
NOTIi: Date of Bond must not be prior to date of Contract.
(1) Correct name of Contractor
(2) A Corporation, A Partnership or an individual, as case
nuiy be.
(3) Correct name of Surety
(4) Correct name of Owner
(5) County of Parish and State
(6) Owner
(7) If Contractor is Partnersliip, all partners should
execute bond.
i
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73-61
Upon motion of Regent Perkins, seconded by Regent Thomas, with all
Regents voting aye, it was ordered that President R. W. Steen be
authorized to file applications for Federal funds in behalf of
Stephen F. Austin State University and to act as the official re
presentative of the University in connection with the applications,
including all understandings and assurances contained therein including:
(a) Compliance with PL88-352 (non-discrimination in program
participation of persons due to race, color, national origin)
(b) Compliance with Civil Rights Act of 1964—prohibiting
employment discrimination
(c) Compliance with PL91-646—providing for equitable treat
ment of persons displaced as a result of Federally assisted
programs
(d) Compliance with the Hatch Act—limiting political activity
of employees
(e) Compliance with Federal Fair Labor Standards Act
(f) Establishing safeguards to prohibit private gain from
employment—positions resulting from Federally assisted
programs
(g) Granting access for auditing of program
and
(h) Compliance with all Federal grantor agency requirements
concerning program
73-62
Upon motion of Regent Todd, seconded by Regent Maness, with all Regents
voting aye, it was ordered that the following curriculum items, approved
by the University Undergraduate and Grac late Curriculum Committees, be
approved:
COURSES ADDED: (Curriculum Committee)
Hours
Department and Number Title Credit
♦Elementary Education 448 Alternatives in Education 3
Elementary Education 491 Electronic Media in Education 3
Modern Languages (French) 111 Reading French 3
Modern Languages (German) 111 Reading German 3
Modern Languages (Spanish) 111 Reading Spanish 3
^Submitted for Graduate Credit
18-49
COURSES ADDED: (Curriculum Committee) (continued)
Department and Number
Modern Languages
Modern Languages
Modern Languages
Modern Languages
(French) 112
(German) 112
(Spanish) 112
(Independent)316
Modern Languages (French) 381
Modern Languages (German) 381
Modern Languages (Spanish) 381
Sociology 102
Sociology 201
Sociology 211
Sociology 212
Sociology 301
Sociology 302
Sociology 303
Sociology 362
Sociology 404
Sociology 405
COURSES TO BE REVISED: (Curriculum Comnittee)
Department and
Number
Sociology 461
Sociology 462
COURSES TO BE DELETED:
Title and Credit
Industrial Sociology (3)
Sociology of Religion (3)
New Title and Credit
361 Industrial Sociology (3)
341 Sociology of Religion (3)
Department and Number
*History 465
Sociology 303
Sociology 304
Sociology 305
Sociology 400
Sociology 401
Sociology 410
Sociology 430
Sociology 431
Sociology 440
Sociology 441
Sociology 442
(Curriculum Comn,:ttee)
Title and Credit
Security of the Pacific (3)
Theories of Behavior Change in Corrections (3)
Police Problems and Practice (3)
Probation, Pardons, and Parole (3)
Internship in Criminal Justice I (3)
Internship in Criminal Justice II (3)
Seminar in Criminal Justice (3)
Problems in the Administration of Justice (3)
Problems in Criminal Law Reform (3)
Group Counseling in Corrections (3)
Prevention Methods in Corrections (3)
Management of Correctional Institutions (3)
^Submitted for Graduate Credit
18-50
51
COURSES TO BE ADDED: (Graduate Council)
Hours
Department and Number Title Credit
Communications 506 Writing for Special Publications 3
Forestry 412G Environmental Management 3
Management 502 Quantitative Analysis 3
Modern Languages (Independent) Problems in College Language
580 Teaching 3
Psychology 501 Analysis of Behavioral Data 3
COURSES TO BE REVISED: (Graduate Council)
Department and New
Number Title and Credit No. New Title and Credit
Elementary Education 510 Individualization of Individualization of
Reading Instruction (3) 511 Reading Instruction (3)
COURSES TO BE DELETED: (Graduate Council)
Department and Number Title and Credit
**School Services 437 Children with Learning Disabilities (3)
**School Services 439 The Physically Handicapped Child (3)
**Deletion of Graduate Credit Only
18-51
52
73-63
Upon motion by Regent Gray, seconded by Regent Bergman, with all Regents
voting aye, it was agreed that February 23, 1973, be established as the
contractual completion date on the Stadium, and that the President of the
University be authorized to sign the agreement, as follows:
THE STATE OF TEXAS J
COUNTY OF NACOGDOCHES |
Whereas on the 18th day of December, 1971, LOGGINS CONSTRUCTION
COMPANY, Tyler, Texas, and STEPHEN F. AUSTIN STATE UNIVERSITY entered into
a contract to construct a football stadium and surrounding appurtenances
and whereas the two aforementioned parties desire to modify the same,
as follows:
In consideration of the above premises and at the request of said
LOGGINS CONSTRUCTION COMPANY, and in further consideration of the release
of TWENTY-FOUR THOUSAND FIVE HUNDRED AND NO/100 ($24,500.00) DOLLARS
previously withheld by STEPHEN F. AUSTIN STATE UNIVERSITY from LOGGINS
CONSTRUCTION COMPANY as liquidated damages and in further consideration
of the desire by both parties to effect more desirable working conditions
and to settle disputed dates, the original contract between them is hereby
modified in respect to extensions of time and delay damages as follows:
I.
It is hereby agreed that the completion date of the contract is
the 23rd day of February, 1973, and that such date shall not be extended
by Article 8.3.1 of the contract.
II.
It is further agreed that liquidated damages in the amount of TWO
HUNDRED FIFTY AND NO/100 ($250.00) DOLLARS per day shall be paid by LOGGINS
CONSTRUCTION COMPANY or withheld by STEPHEN F. AUSTIN STATE UNIVERSITY from
monies due, for each consecutive calendar day following the completion date
of the 23rd day of February, 1973.
III.
It. is further agreed that, in respect to actual completion date,
the aforementioned penalties shall cease to run when the job is completed,
and in computation of such actual completion date, the parking area on
the east side of the construction site, and described in the work specifica
tions on plan Cl as parking lot A, shall not be considered.
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53
IV.
It is further agreed that liquidated damages in the amount of
FIFTY AND NO/100 ($50.00) DOLLARS shall be paid by LOGGINS CONSTRUCTION
COMPANY or withheld by STEPHEN F. AUSTIN STATE UNIVERSITY from monies due,
for each consecutive calendar day following the actual completion date
that the aforementioned and described parking area remains uncompleted.
V.
It is further agreed that this instrument is made in duplicate
and is a modification of the original contract, and becomes a part
thereof upon its execution.
WITNESS OUR HANDS this the 10th day cv _ Aj?il.Ll _.* ^?3.
LOGGINS CONSTRUCTION COMPANY
By: /s/ Ray Loggins
Ray Loggins
STEPHEN F. AUSTIN STATE UNIVERSITY
73-64
Upon motion by Regent Todd, seconded by Regent Bergman, the meeting was
adjourned at 2:15 p.m. An invitation was extended by Mr« Homer Bryce for
the Board to hold their next meeting (July 28, 1973) at Huxley Bay on
Toledo Bend Lake.
C. G. Haas
Secretary
18-53

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MINUTES OF Board of Regents of Stephen f. Austin State University VOLUME NO. 18 APRIL 10, 1973 NACOGDOCHES, T.TCAS I N D E £ Minutes of the Meeting Stephen F. Austin State University Board of Regents held in Nacogdoches, Texas April 10, 1973 volume-no. 18 73-45 Approval of Minutes of January 20, 1973 and March 27, 1973 Meetings 18-2 73-46 t Election of Board Officers for 1973-74 18-2 73-47 Approval of 1973 Summer School Faculty Budget 18-2 73-48 Approval of Faculty Appointments 18-2 73-49 Acceptance of Resignations 18-4 73-50 Approval of Leaves of Absence 18-4 73-51 Acceptance of Returns from Leave 18-5 73-52 Approval of Faculty Promotions 18-5 73-53 Acceptance of Retirement 18-7 73-54 Approval of Changes in Status 18-8 73-55 Approval of Faculty and Staff Appointments 18-8 73-56 Approval of Mid-Year Budget Adjustments 18-8 73-57 Approval of Contract with Taylor Brothers of Lufkin for Repainting of Dorm 13 18-5 73-58 Approval of Contract with Conlee Brothers Moving and Storage of Bryan to Move Library Holdings to New Building 18-22 73-59 Approval of Room and Board Rates for the 1973-74 Academic Year 18-35 73-60 Approval of Contract with J. F. Clark Company of Dallas for Coliseum Seating 18-36 73-61 Authorization for University President to File for Applications for Federal runds and to Act as the Official University Representative 18-49 73-62 Approval of Curriculum Changes 18-49 73-63 Approval of Agreement between Loggins Construction Company and the University to Establish Contractual Completion Date on the Stadium 18-52 73-64 Adjournment of Meeting 18-53 MINUTES OF THE MEETING BOARD OF REGENTS STEPHEN F. AUSTIN STATE UNIVERSITY HELD AT NACOGDOCHES, TEXAS VOLUME NO. 18 April 10, 1973 The meeting was called to order by Joe Bob Golden, Vice Chairman of the Board of Regents, at one o'clock p.m. April 10, 1973. PRESENT: ABSENT: PRESENT: Members: Joe Bob Golden of Jasper Walter Todd of Dallas Roy Maness of Beaumont Douglas Bergman of Dallas Mrs. Lera Thomas of Houston Robert C. Gray of Austin James I. Perkins of Rusk R. E. McGee of Houston C. G. Haas, Secretary Dr- R. W. Steen, President of the University Note: One Board position is vacant.) 73-45 Upon motion of Regent Todd, seconded by Regent Maness, with all Regents voting aye, it was ordered that the minutes of January 20, 1973, and the called meeting of March 27, 1973, be approved. 73-46 Upon motion of Regent Maness, seconded by Regent Todd, with all Regents voting aye, it was ordered that the Board elect officers for the year 1973-74, as follows: R. E. McGee Chairman Joe Bob Golden Vice Chairman C. G. Haas Secretary 73-47 Upon motion of Regent Gray, seconded by Regent Thomas, with all Regents voting aye, it was ordered that the 1973 Summer School Faculty budget as submitted under separate cover be approved. 73-48 Upon motion of Regent Maness, seconded by Regent Gray, with all Regents voting aye, it was ordered that the following individuals be employed for the positions, dates, and salaries indicated: 1. Department of Accounting Mr. Jack William Pollard, 36, M.B.A. (Southern Methodist University), Instructor of Accounting, at a salary rate of $8,500 for nine months, effective Fall Semester, 1973. 2. Department of Computer Science Mr. Mil lard Travis Harkrider, 38, M.S. (University of Tennessee), Instructor (part-time) of Computer Science, at a salary rate of $1,480 for the Spring Semester, 1973, only. Mr. Darrell Lynn Ward, 29, M. S. (University of Iowa), Instructor (part-time) of Computer Science, at i salary rate of $1,500 for the Spring Semester, 1973, only. 3. School of Forestry Dr. James Clarence Kroll, 27, Ph.D. (Texas A&M University), Assistant Professor of Forestry, at a salary rate of $10,000 for nine months, effective Fall Semester, 1973. 4. Department of General Business Mr. Chester Lee Allen, 33, M.B.A. (Texas A&I University), Assistant Professor of General Business, at a salary rate of $13,250 for nine 18-2 months, effective Fall Semester, 1973. Mr. Allen is a candidate for the D.B.A. at Texas Tech University. If he has not completed all requirements for the D.B.A. by September 15, 1973, the salary will be $12,000 for nine months. Mr. Dillard Brown Tinsley, Jr., 35, M.B.A. (University of Texas- Arlington), Assistant Professor of General Business, at a salary rate of $12,500 for nine months, effective Fall Semester, 1973. Mr. Tinsley is a candidate for the D.B.A. at Texas Tech University. If he has not completed all requirements for the D.B.A. by September 15, 1973, the salary will be $11,250 for nine months. 5. Department of School Services Mrs. Judith S. Huffty, 32, M.A. (George Peabody College), Instructor (part-time) of School Services, at a salary rate of $937.50 for the Spring Semester, 1973, only. 6. Library Mrs. Janice Speer Lange, 25, M.L.S. (University of Texas-Austin), Acting Reference Librarian, at a salary rate of $1,200 for the Second Summer Session, 1973, only. Mrs. Lange replaces Mrs. Prassel who is on maternity leave for the Second Summer Session. 7. Student Affairs Division Mr. James G. Blankenship, 19, Patrolman, University Police Department, at a salary rate of $6,000 for twelve months, effective February 1, 1973. (Previously employed as an auxiliary officer on an hourly basis.) Mr. Carl W. Byars, 36, Assistant Clerk in Charge, University Post Office, at a salary rate of $8,400 for twelve months, effective January 8, 1973. Mr. Charles S. Henry, 52, Food Prod-iction Supervisor, University Center Cafeteria, at a salary rate c* $7,500 for twelve months, effective March 15, 1973. Mr. Harry Clinton Manning, 40, Patrolman, University Police Department, at a salary rate of $6,300 for twelve months, effective January 16, 1973. 8. Maintenance Mr. Jerry Leon Batson, 33, Air Conditioning Foreman, Maintenance Department, at a salary rate of $10,000 for twelve months, effective March 6, 1973. 18-3 73-49 Upon motion of Regent Perkins, seconded by Regent Todd, with all Regents voting aye, it was ordered that the following resignations be accepted: 1. School of Forestry Mr. Alan F. Button, Instructor of Forestry, effective Hay 12, 1973, Mr. Button has accepted other employment. 2. Student Affairs Division Mr. Edgar Kirby Darnell, Food Production Supervisor, University Center Cafeteria, effective February 15, 1973. Mr. Darnell is accepting other employment elsewhere. Mr. George L. Hartt, Patrolman, University Police Department, effective February 28, 1973. Mr. Hartt is accepting employment elsewhere. Mr. Glenn H. Jennings, Assistant Director of Housing, Housing Depart ment, effective February 28, 1973. Mr. Jennings is accepting employ ment elsewhere. Mr. Patrick W. Vaughn, Patrolman, University Police Department, effective January 31, 1973. Mr. Vaughn is resigning to devote time to his education. 73-50 Upon motion of Regent Perkins, seconded by Regent Gray, with all Regents voting aye, it was ordered that the following leaves of absence be granted: 1. Department of General Business Mr. Patrick Michael Conn, Instructor of General Business, for the academic year 1973-74, in order to work toward the doctoral degree at the University of Arkansas. Mr. Robert Arnold Swerdlow, Instructor of General Business, for the academic year 1973-74, in order to work toward the doctoral degree at the University of Arkansas. 2. Library Mrs. Ann H. Prassel, Reference Librarian, from April 1 through August 27, 1973, for maternity leave. 3. Department of Political Science Dr. Stephen N. Smith, Associate Professor of Political Science, for the academic year 1973-74. Dr. Smith has accepted a one-year teaching appointment at Texas A&M University. 18-4 73-51 Upon motion of Regent Gray, seconded by Regent Thomas, with all Regents voting aye, it was ordered that the following returns from leave be accepted: 1. Department of Mathematics Mr. Ennis Donice McCune, Assistant Professor of Mathematics, at a salary rate of $10,200 for nine months, effective Fall Semester, 1973. Mr. McFune has been working toward a doctoral degree at Texas Tech University. 73-52 Upon motion of Regent Gray, seconded by Regent Todd, with all Regents voting aye, it was ordered that the following promotions be approved: 1. Department of Computer Science Dr. Jarrell Grout, from Assistant Professor to Associate Professor and Acting Department Head of Computer Science, effective Fall Semester, 1973. Dr. Grout has completed the requirements for promotion and was recommended by the Dean. 2. Department of Economics Mr. Jeremiah M. Sullivan, from Instructor to Assistant Professor of Economics, effective Fall Semester, 1973. Mr. Sullivan has com pleted the requirements for promotion and was recommended by the Dean and Department Head. 3. Department of Elementary Education Dr. Grady W. Willingham, from Associate Professor to Professor of Elementary Education, effective Fall Semester, 1973. Dr. Willingham has completed the requirements for promotion and was recommended by the Dean and Department Head. 4. Department of English and Philosophy Mr. James E. Magruder, from Instructor to Assistant Professor of Philosophy, effective Fall Semester, 1973, with the condition that the Ph.D. degree is awarded before September 1, 1973. Mr. Magruder has completed other requirements for promotion and was recoranended by the Dean and Department Head. Mrs. Johnnie Maude Tyler, from Instructor to Assistant Professor of English, effective Fall Semester, 1973. Mrs. Tyler has completed the requirements for promotion and was recommended by the Dean and Department Head. 18-5 5. School of Forestry Dr. J. David Lenhart, from Assistant Professor to Associate Professor and Assistant to the Dean of Forestry, effective Fall Semester, 1973. Dr. Lenhart has completed the requirements for promotion and was recommended by the Dean. 6. Department of General Business Dr. Donald A. Evans, from Assistant Professor to Associate Professor of General Business, effective Fall Semester, 1973. Dr. Evans has completed the requirements for promotion and was recommended by the Dean and Department Head. 7. Department of Geology Mrs. Nancy S. Alexander, from Instructor to Assistant Professor of Geology, effective Fall Semester, 1973, with the condition that the Ph.D. degree is to be awarded by September 1, 1973. Mrs. Alexander has completed other requirements for promotion and was recommended by the Dean and Department Head. 8. Department of History Dr. Sylvia Freeman McGrath, from Assistant Professor to Associate Professor of History, effective Fall Semester, 1973. Dr. McGrath has completed the requirements for promotion and was recommended by the Dean and Department Head. 9. Department of Mathematics Dr. Jasper E. Adams, from Assistant Professor to Associate Professor of Mathematics, effective Fall Semester, 1973. Dr. Adams has com pleted the requirements for promotion and was recommended by the Dean and Department Head. 10. Department of Modern Languages Dr. Warclaw Jarzebowski, from Associate Professor to Professor of Modern Languages, effective June 1, 1973. Dr. Jarzebowski has completed the requirements for promotion and was recommended by the Dean and Department Head. 11. Department of Music Mr. Joel W. Duskin, from Instructor to Assistant Professor of Music, effective Fall Semester, 1973. Mr. Duskin has completed the requirements for promotion and was recommended by the Dean and Department Head. 18-6 Mr. David Wilson Jones, from Assistant Professor to Associate Professor of Music, effective Fall Semester, 1973. Dr. Jones has completed the requirements for promotion and was recommended by the Dean and Department Head. Mr. Max L. Morley, from Instructor to Assistant Professor of Music, effective Fall Semester, 1973. Mr. Morley has completed the requirements for promotion and was recommended by the Dean and Department Head. 12. Department of Psychology Dr. Jerry Neal Lackey, from Assistant to Associate Professor of Psychology, effective Fall Semester, 1973. Dr. Lackey has com pleted the requirements for promotion and was recommended by the Dean and Department Head. 13. Department of School Services Dr. Elnita Stanley, from Assistant Professor to Associate Professor of School Services, effective Fall Semester, 1973. Dr. Stanley has completed the requirements for promotion and was recommended by the Dean and Department Head. 14. Department of Secondary Education Dr. Harold G. Hill, from Associate Professor to Professor of Secondary Education, effective Fall Semester, 1973. Dr. Hill has completed the requirements for promotion and was recommended by the Dean and Department Head. 15. Department of Sociology Dr. Harold L. Clements, from Associate Professor to Professor of Sociology and Head of the Department of Sociology, effective Fall Semester, 1973. Dr. Clements has completed the requirements for promotion and was recommended by the Dean. Dr. Ben Edward Dickerson, from Assistant Professor to Associate Professor of Sociology, effective Fall Semester, 1973. Dr. Dickerson has completed the requirements for promotion and was recommended by the Dean and Department Head. 73-53 Upon motion of Regent Maness, seconded by Regent Thomas, with all Regents voting aye, it was ordered that the following retirement be accepted: 1. Department of Modern Languages Dr. Warclaw Jarzebowski, Professor of Modern Languages, effective July 15, 1973. 18-7 73-54 Upon motion of Regent Gray, seconded by Regent Bergman, with all Regents voting aye, it was ordered that the following changes in status be approved: 1. Student Affairs Division Mr. Leonard L. Smith, from Assistant Dean of University Regulations to Assistant Director of Housing at a salary rate of $10,100 for twelve months effective March 1, 1973. 2. Maintenance Mr. John H. Griswold, 56, from Carpenter (hourly rate) to Carpenter Foreman, at a salary rate of $6,900 for twelve months effective March 1, 1973. 73-55 Upon motion of Regent Perkins, seconded by Regent Maness, with all Regents voting aye, it was ordered that the 1973-74 faculty and staff appointments as submitted under separate cover be approved. 73-56 Upon motion of Regent Todd, seconded by Regent Gray, with all Regents voting aye, it was ordered that the following budget adjustments be approved: Account No. 1972-73 Budget Adjustments Account Name Amount Source of Funds: Pledged Property Surplus $72,300 18-8 5290 Black Culture Week 1 ,QQQ Source of Funds: Auxiliary Enterprises Surplus $1,000 (The adjustments are made necessary by increased costs of utilities, in surance, and maintenance. Adjustments to Accounts 5570, 5575, and 5730 are made necessary by cost of repairs to air conditioning systems. 73-57 Upon motion of Regent Gray, seconded by Regent Bergman, with all Regents voting aye, it was ordered that the contract with Taylor Brothers, Lufkin, Texas, for $18,400 to paint the interior of Dormitory 13 be approved and the Chairman of the Board authorized to sign the contract, as follows: 18-9 10 CONTRACT THE STATE OF TEXAS J COUNTY OF NAC06D0CHES X KNOW ALL MEN BY THESE PRESENTS: THIS AGREEMENT, made this the 10th day of April, 1973, by and between the BOARD OF REGENTS, STEPHEN F. AUSTIN STATE UNIVERSITY, NACOGDOCHES, TEXAS, acting herein through its Chairman, hereinafter called "Owner" and TAYLOR BROTHERS, LUFKIN, TEXAS 75901, hereinafter called "Contractor." WITNESSETH, that the Contractor and the Owner for the considera tions hereinafter named agree as follows: ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and Other Conditions), Drawings, Specifications, all Addenda issued prior to execution of this Agreement and all Modifications issued subsequent thereto. These form the Contract, and all are as fully a part of the Contract as if attached to this Agree ment or repeated herein. An enumeration of the Contract Documents appears 1n Article 17. If anything in the General Conditions is inconsistent with this Agreement, the Agreement shall govern. ARTICLE 2 THE WORK The Contractor shall perform all the Work required by the Contract Documents for Repainting Dormitory 13. 18-10 11 ARTICLE 3 ARCHITECT Tho Architect for this Project is: Kent, Marseilos & Scott Architects-Engineers Lufkin, Texas ARTICLE 4 THE CONTRACTOR'S DUTIES AND STATUS The Contractor accepts the relationship of trust and confidence established between him and the Owner by this Agreement. He covenants with the Owner to furnish his best skill and judgment and to cooperate with the Architect in furthering the interests of the Owner. He agrees to furnish efficient business administration and superintendence and to use his best efforts to furnish at all times an adequate supply of workmen and materials, and to perform the work in the best and soundest way and in the most expeditious and economical manner consistent with the interests of the owner. ARTICLE 5 TIME OF COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall be commenced approximately May 21, 1973, and completed by June 30, 1973. ARTICLE 6 COST OF THE WORK AND GUARANTlED MAXIMUM COST The Owner agrees to pay the Contractor the sum of Eighteen Thousand, Four Hundred and No/100 Dollars ($18,400.00), the amount to be paid within 10 days after the acceptance of the fully completed work. 18-11 12 ARTICLE 7 CONTRACTOR'S FEE 7.1 In consideration of the performance of the Contract, the Owner agrees to pay the Contractor in current funds as compensation for his services a Contractor's Fee as follows: A fixed fee of One Thousand Five Hundred and No/100 Dollars ($1,500.00) 7.2 For Changes in the Work, the Contractor's Fee shall be adjusted as follows: For changes in the work shown on the drawings add or deduct 15% of the change in cost from the Contractor's Fee. 7.3 The Contractor shall be paid Fifty per cent (50%) of the proportionate amount of his Fee with each progress payment, and the balance of his Fee shall be paid at the time of final payment. ARTICLE 8. CHANGES IN THE WORK 8.1 The Owner may make Changes in the Work in accordance with Article 12 of the General Conditions insofar as such Article is consistent with this Agreement. The Contractor shall be reimbursed for Changes in the Work on the basis of Cost of the Work as defined in Article 9. 8.2 The Contractor's Fee for Changes in the Work shall be as set forth in Paragraph 7.2, or in the absence of specific provisions therein, shall be adjusted by negotiation on the basis of the Fee established for the original Work. 18-12 ARTICLE 9 COSTS TO BE REIMBURSED 9.1 The term Cost of the Work shall mean costs necessarily incurred in the proper performance of the Work and paid by the Contractor. Such costs shall be at rates not higher than the standard paid in the locality of the Work except with prior consent of the Owner, and shall include the items set forth below in this Article 9. 9.1.1 Wages paid for labor in the direct employ of the Contractor in the performance of the Work under applicable collective bargaining agree ments, or under a salary or wage schedule agreed upon by the Owner and Contractor, and including such welfare or other benefits, if any, as may be payable with respect thereto. 9.1.2 Salaries of Contractor's employees when stationed at the field office, in whatever capacity employed. 9.1.3 Cost of contributions, assessments or taxes for such items as unemployment compensation and social security, insofar as such cost is based on wages, salaries, or other remuneration paid to employees of the Con tractor and included in the Cost of the Work under Subparagraphs 9.1.1 and 9.1.2 9.1.4 The proportion of reasonable transportation, traveling and hotel expenses of the Contractor or of his officers or employees incurred in discharge of duties connected with the Work. 9.1.5 Cost of all materials, supplies and equipment incorporated in the Work, including costs of transportation thereof. 9.1.6 Payments made by the Contractor to Subcontractors for Work performed pursuant to subcontracts under this Agreement. 18-13 14 9.1.7 Cost* including transportation and maintenance, of all materials, supplies, equipment, temporary facilities and hand tools not owned by the workmen, which are consumed in the performance of the Work, and cost less salvage value on such items used but not consumed which remain the property of the Contractor. 9.1.8 Rental charges of all necessary machinery and equipment, exclusive of hand tools, used at the site of the Work, whether rented from the Con tractor or others, including installation, Minor repairs and replacements, dismantling, removal, transportation and delivery costs thereof, at rental charges consistent with those prevailing in the area, 9.1.9 Cost of premiums for all bonds and insurance which the Contractor is required by the Contract Documents to purchase and maintain. 9.1.10 Sales, use or similar taxes related to the Hork and for which the Contractor is liable imposed by any governmental authority. 9.1.11 Permit fees, royalties, damages for infringement of patents and costs of defending suits therefor, and deposits lost for causes other than the Contractor's negligence. 9.1.12 Losses and expenses, not compensated by insurance or otherwise* sustained by the Contractor in connection with the Work, provided they have resulted from causes other than the fault or neglect of the Contractor Such losses shall include settlements made with the written consent and approval of the Owner. No such losses and expenses shall be included in the Cost of the Work for the purpose of determining the Contractor's Fee. If, however, such loss requires reconstruction and the Contractor is placed in charge thereof, he shall be paid for his services a Fee proportionate to that stated in Paragraph 7.1. 18-14 15 0.1.13 Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage, and similar petty cash items In connection with the Work. 9.1.14 Cost of removal of all debris. 9.1.15 Cost incurred due to an emergency affecting the safety of persons and property. 9.1.16 Other costs Incurred in the performance of the Work if and to the extent approved In advance in writing by the Owner. ARTICLE 10 COSTS NOT TO BE REIMBURSED 10.1 The term Cost of the Work shall not include any of the items set forth, below in this Article 10. 10.1.1 Salaries or other compensation of the Contractor's offices, executives, general managers, estimators, auditors, accountants, pur chasing and contracting agents and other employees at the Contractor's principal office and branch offices, except employees of the Contractor when engaged at shops or on the road in expediting the production or transportation of materials or equipment for the Work. 10.1.2 Expenses of the Contractor's Principal and Branch Offices other than the Field Office. 10.1.3 Any part of the Contractor's capital expenses, including interest on the Contractor's capital employed for the Work. 10.1.4 Overhead or general expenses of any kind, except as may be expressly included in Article 9. 10.1.5 Costs due to the negligence of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them, or for whose acts 18-15 16 any of them may be liable, including but not limited to the correction of defective Work, disposal of materials and equipment wrongly supplied, or making good any damage to property. 10.1.6 The cost of any item not specifically and expressly included in the items described in Article 9. 10.1.7 Costs in excess of the Guaranteed Maximum Cost, if any, as set forth in Article 6 and adjusted pursuant to Article 8. ARTICLE 11 DISCOUNTS, REBATES AND REFUNDS All cash discounts shall accrue to the Contractor unless the Owner deposits funds with the Contractor with which to make payments, in which case the cash discounts shall accrue to the Owner. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to the Owner, and the Contractor shall make provisions so that they can be secured. ARTICLE 12 SUBCONTRACTS 12.1 All portions of the Work that the Contractor's organization has not been accustomed to perform shall be performed under subcontracts. The Contractor shall request bids from subcontractors and shall deliver such bids to the Architect. The Architect will then determine, with the advice of the Contractor and subject to the approval of the Owner, which bids will be accepted. 12.2 All Subcontracts shall conform to the requirements of Paragraph 5.3 of the General Conditions. Subcontracts awarded on the basis of the ■18-16 17 cost of such work plus a fee shall also be subject to the provisions of this Agreement insofar as applicable. ARTICLE 13 ACCOUNTING RECORDS The Contractor shall check all materials, equipment and labor entering into the Work and shall keep such full and detailed accounts as may be necessary for proper financial management under this Agreement, and the system shall be satisfactory to the Owner. The Owner shall be afforded access to all the Contractor's records, books, correspondence, instruc tions, drawings, receipts, vouchers, memoranda and similar data relating to this Contract, and the Contractor shall preserve all such records for a period of three years after the final payment. ARTICLE 14 APPLICATIONS FOR PAYMENT The Contractor shall, at least ten days before each progress payment falls due, deliver to the Architect a statement, sworn to if required, showing in complete detail all moneys paid out or costs incurred by him on account of the Cost of the Work during the previous month for which he is to be re imbursed under Article 6 and the amount of the Contractor's Fee due as provided in Article 7, together with payrolls for all labor and all re ceipted bills for which payment has been received. ARTICLE 15 PAYMENTS TO THE CONTRACTOR 15.1 The Architect will review the Contractor's statement of moneys due as provided in Article 14 and will promptly issue a Certificate for Payment 18-17 18 to the Owner for such amount as he approves, which Certificate shall be payable on or about the Tenth day of the month. 15.2 Final payment, constituting the unpaid balance of the Cost of the Work and of the Contractor's Fee, shall be paid by the Owner to the Contractor when the Work has been completed, the Contract fully performed and a final Certificate for Payment has been issued by the Architect. Final payment shall be due Thirty days after the date of issuance of the final Certificate for Payment. ARTICLE 16 TERMINATION OF THE CONTRACT 16.1 The Contract may be terminated by the Contractor as provided in Article 14 of the General Conditions. 16.2 If the Owner terminates the Contract as provided in Article 14 of the General Conditions, he shall reimburse the Contractor for any unpaid Cost of the Work due him under Article 6, plus (1) the unpaid balance of the Fee computed upon the Cost of the Work to the date of termination at the rate of the percentage named in Article 7, or (2) if the Contractor's Fee be stated as a fixed sum, such an amount as will increase the payments on account of his Fee to a sum which bears the same ratio to the said fixed sum as the Cost of the Work at the time of termination bears to the adjusted Guaranteed Maximum Cost, if any, otherwise to a reasonable estimated Cost of the Work, when completed. The Owner shall also pay to the Contractor fair compensation, either by purchase or rental at the election of the Owner, for any equipment retained. In case of such termination of the Contract the Owner shall further assume and become liable for obligations, commitments and unsettled claims that the Contractor has 18-18 19 previously undertaken or incurred in good faith in connection with said Work. The Contractor shall, as a condition of receiving the payments referred to in this Article 16, execute and deliver all such papers and take all such steps, including the legal assignment of his contractual rights, as the Owner may require for the purpose of fully vesting in him the rights and benefits of the Contractor under such obligations or commitments. ARTICLE 17 MISCELLANEOUS PROVISIONS 17.2 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those conditions. 17.2 The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, are listed in Article 1 and, except for Modifications Issued after execution of this Agreement, are enumerated as follows: 1. This Agreement 2. Instruction to Bidders - A.I.A. Document A701. General Conditions for the Contract for Construction - A.LA. Document A201. 3. Dormitory 13: Repainting. Exterior: All presently painted surfaces of wood, metal and stucco Interior: All plastered walls except mechanical rooms. All doors and door bucks. All built-in furniture. Ceilings in rest rooms and laundrys. Stair rails and air conditioning vents. 18-19 20 4. The Contractor shall furnish Insurance acceptable to the Owner as follows: a. Compensation and Employer's Liability Insurance as required by law, b. Comprehensive General Liability Insurance and Com prehensive Automobile Liability Insurance $300,000.00- $500,000.00. Property Damage $100,000.00-$3Q0,000.00. Provide Owner's Protective Liability Insurance naming the Owner and the Architect/Engineer in the same amounts. For purpose of complying with the State of Texas Sales Tax the following is a division between labor and materials: Labor Material Total $18,400.00 IN WITNESS WHEREOF, the parties of these presents have executed this Contract 1n four (4) counterparts, each of which shall be deemed an original in the year and day first above mentioned. SEAL BOARD OF REGENTS STEPHEN F. AUSTIN STATE UNIVERSITY Witness Chairman TAYLOR BROTHERS SEAL Lufkin, Texas Address 18-20 21 READ AND EXAMINED: Board of Regents, Stephen F. Austin State University APPROVED AS TO FORM: ATTORNEY GENERAL OF TEXAS Assistant (1) Corporation name of Owner (2) Title of authorized official (3) Strike out inapplicable terms. Secretary of the Owner should attest. If Contractor is corporation, Secretary should attest. Give proper title of each person executing Contract. 18-21 22 Upon motion of Regent Thomas, seconded by Regent Bergman, with all KcMjonts voting aye, it was ordered that the contract with Conlee Brothers Moving and Storage for $14,995.00 to move the Library holdings to the new building be approved and the Chairman of the Board be authorized to sign the contract, as follows: 18-22 23 CONTRACT THE STATE OF TEXAS j COUNTY OF NACOGDOCHES J KNOW ALL MEN BY THESE PRESENTS: THIS AGREEMENT, made this the 10th day of April, 1973, by and between the BOARD OF REGENTS, STEPHEN F. AUSTIN STATE UNIVERSITY, NACOGDOCHES, TEXAS, acting herein through its Chairman, hereinafter called "Owner" and CONLEE BROTHERS MOVING AND STORAGE, BRYAN, TEXAS, hereinafter called "Contractor." WITNESSETH: that the Contractor and the Owner for the considera tions hereinafter named agree as follows: 1. The Contractor agrees to provide all of the materials, furnish the labor, and do all things necessary to complete fully all of the work described in the Specifications entitled MOVING OF LIBRARY BOOKS AND OTHER HOLDINGS FROM THE EXISTING LIBRARY BUILDING TO THE NEW LIBRARY BUILDING OF STEPHEN F. AUSTIN STATE UNIVERSITY, NACOGDOCHES, TEXAS, as outlined 1n the Specifications for the bidding March 29, 1973, and shall do everything required by this Agreement and those Specifications as if hereto attached or herein repeated. 2. The Work to be performed under this Contract which commences at a time stipulated by the Owner estimated to be during July or August 1973 and shall be fully completed within 10 consecutive calendar days. Contractor further agrees to pay as liquidated damages the sum of $50 for each calendar day thereafter the Work remains unfinished as provided in the Specifications. 18-23 24 3. The Owner shall pay the Contractor for the performance of the Contract $14,995 out of current funds available to the Owner for expenditure for the use and benefit of Stephen F. Austin State University. The basis of the above contract price is as follows: Base Bid - $14,995.00 The Owner shall make payment on account of the contract as provided therein as follows: After substantial completion of the Contract has been performed and same has been found satisfactory to the Owner, a payment of 1002 of the Contract Price shall be due within 15 days providing the Contractor shall provide invoices in quadruplicate. 4. The Contractor shall pay premium for and furnish Performance Bond and Payment Bond in amount of 10055 of Contract Price; on form to be furnished by Architect, with sureties acceptable to the Owner, conditioned: 1. That Contractor shall faithfully perform his Contract and fully indemnify and save Owner harmless from all costs and damages which may be suffered by reason of failure to do so, and fully reimburse and repay Owner all outlay and expense which Owner may incur in making good any default. 2. That Contractor shall pay all persons who have con tracts directly with Contractor for labor and materials save which persons shall have a direct action against » Contractor and the surety on his bond, subject to Owner's priority. 18-24 25 Surety Companies shall be on approved list of U. S. Treasury Department of "Companies holding Certificates of Authority from the Secretary of the Treasury under the Act of Congress Approved July 30, 1957, as Acceptable Sureties on Federal Bonds11 and within the Underwriting Limitations listed therein for any single risk. Bond shall comply with requirements of all state laws; including those of Article 5160 Revised Civil Statutes of Texas, 1925, as amended by House Bill 344, Acts 56th Legislature, Regular Session, 1959, effective April 27, 1959. 6. The Contractor shall effect, pay for and maintain during the life of this Contract insurance acceptable to the Owner, conforming to the following schedule: a) Workmen's Compensation: As required by the laws of the State of Texas. b) Contractor's Public Liability and Property Insurance: In-an amount not less than $100,000 for injury to or death of any one person, and $300,000 for any one accident or occurrence and Property Damage Insurance in an amount not less than $100,000. c) Automotive Liability and Propet *:y Damage Insurance covering all automobiles and vehicles used in the contractor's operations on the campus in an amount not less than $50,000 for injury to or death of any one person and in the amount of $100,000 for injury to or death in any one occurrence and covering property damage not less than $25,000. d) Before commencement of operations hereunder, Contractor shall 18-25 26 furnish certificates of the above mentioned insurance policies from the insurance carrier. 6. The Contractor shall complete the several portions and the whole of the Work called for in this Agreement, and shall deliver said improvements or services upon completion to the Owner free and clear of all liens and claims for labor furnished or materials used or other indebtedness whatsoever. 7. For purposes complying with State of Texas Sales Tax, the following is a division between labor and materials: Labor $14,995.00 IN WITNESS WHEREOF, the parties of these presents have executed this Contract in four (4) counterparts, each of which shall bo deemed an original in the year and day first above mentioned. BOARD OF REGENTS STEPHEN F. AUSTIN STATE UNIVERSITY By Is/ C. G. Haas Secretary SEAL Witness READ AND EXAMINED: By Is/ R. E. McGee Chairman CONLEE BROTHERS MOVING & STORAGE Drawer 473 600 S. Bryan Bryan, Texas 77801 I si C. G. Haas Board of Regents, Stephen F. Austin State University 18-26 27 PAYMENT BOND ('i'o he used in Texas as required by Chapter 93 of the Regular Session of the 56th Legislature of Texas) Till; STATi: 01" TEXAS COUNTY OF URAZDS KNOW ALL MliN BY Tlll-Sli PRESENTS: That we (1) COiVLEc BROTHERS MOVING & STbdAGE v.^y f^jp\/ i nn nnri .^tiq*par\ of Dryun, Texas hereinafter called Principal and (3) uartfnrri c ■,+ in^uranra rnr.nunv of Hartford f State of Connecticut hereinafter called the Surety, are held and firmly bound unto (4) board of Regents, Stephen F# Austin State University hereinafter called Owner, unto all persons, firms, and corporations who may furnish materials for, or perform labor upon the building or improvements hereinafter referred to in the penal sum of Fourteen thousand nine hundred ninety five and no/lUO DOLLARS ($ 1**,9S5.QQ ) in lawful money of the United States, to be paid in (5) , for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with (6) Rqarri of Rpgents, stfiphP.n F- Austin .'JtatG University > the Owner, dated the IDLh day of April > A. D. 19 73 , a copy of which is hereto attached and made a part hereof for the construction of: for moving library books, periddicals, neuspapers and other materials and inr:luiJinu library furniture, equipment and supplies from tns existing Library building to the (Mow Library Bldg, on the campus of Stephen F. Austin State University, 18-27 28 -2- NOW, TIII-REFORI', l.hc condition of this obligation is such that, if the Principal shall promptly make payment to all claimants as defined in Article !>]<>() Revised Civil Statutes of Texas, 1925, as amended by House Kill 34*1, Acts 56th Legislature, Regular Session, 1959, effective April 27, 1959, supplying labor and materials in the prosecution of the work provided for in said Contract, then this obligation shall be null and void; otherwise, it shall remain in full force and effect. This bond is made and entered into solely for the protection of all claimants supplying labor and materials in the prosectuion of the work provided for in said Contract, and all such claimants shall have a direct right of action under the bond as provided in Article 5160, Revised Civil Statutes, 1925, as amended by House Bill 344, Acts 56th Legislature, Regular Session, 1959. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Nacogdochcs County, State of Texas, and that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alteration or addition to the terms of the Contract or to the work or to the Specifications. PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in six counterparts, each one of which shall be deemed an original, this the i+th day of M , A. D. , 19 71 ATTEST: (Principal) Secretary BY SEAL Witness as to Principal Address 18-28 29 -3- A'lTHST: I'.nrtf nrrl Hbf.i i;i I t\yi T n:;ii r^ Surety (Surety) Secretary * Attorney-i'n-Fact APPROVED AS TO FORM: Witness as to Surety ATTORNEY GENERAL OF TEXAS BY: Address Assistant Attorney General NOTE: Date of Bond must not be prior to date of Contract. (1) Correct name of Contractor (2) A Corporation, A Partnership or an individual, as case may be. (3) Correct name of Surety (4) Correct name of Owner (5) County of Parish and State (6) Owner (7) If Contractor is Partnership, all partners should execute bond. 18-29 CKKTIFICATK OF INKUUANUK •9 (11 Han ford Fire Insurance Company 4j ftfj New York Underwriter* Innuruiice Company [ (51 Hartford Accident and Indc ' Q] Citizens Insurance Company of New Jersey Vtf-* TUP ini)T '/ h \ -5 I) Hartford 1< ire -5 (oj UnuerwrilerN InnurancoCi^ $ I lit\ IlAIlI 1041/ u (51 Hartford Accident and Indemnity Company u 171 Twin City Fire Insurance Company 1«V^ INM M \N< K clo\v. CCUt 5 Named insured and Address CONLEE BROTHERS MOVING a STORAGE P.O. Drawer V72 Bryan, Texas 77001 ic K)licies indicated herein apply wilh respect to the hazards and for the coverages and limits of liability indicated l»y iTtlic entry heroin hut this certificate of Insurance does not amend, extend or otherwise alter the terms and conditions the insurance coverage in the policies identified herein. (SINGLE LIMIT) Coverages and Limits of Liability (DUAL LIMITS) Hazards Policy Number and Policy Term llorilly Injury and Properly Damage Liability Ilodlly Injury Liability Property Diimaftc Liability •ouch occurrence •each occurrence ncral Liability •miscs-Opcrations lc >ciuieiit Contractor* mplctcd Operations; 30.0,ooo s 100 ,ooo$ 300 ,ooos 100 ^.o(M)S_13UO,ooo 300 ooos 100 .ooos liOO.ooo S 300 Vooo xxxx Dtractnal (as dcscrilicfl. »clo\v) xxxx ooo $100 ,ooo $ lUU.ooo tomobile Liability ncd Automobiles cd Automobiles n-Owned Automobiles ,000 $ ,000 $ ,000$ 100 ,ooo 100 ,oo<> 100 ,ooo xxxx xxxx xxxx >rkmenfs Compensation 61 UG 800192 and I 10/20/72-73 Employers* Liability Compensation — Statutory Kmploycrs* Liability $ 100 ,000 i bird la Liability ,000,000 with respect to Automobile Liability the Policy Number entered above includes the symbol GB, AZ, M VI\ M A for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. Till: CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain Contract with (6) Board of Regents. Stephen F. Austin LituLu University , the Owner, dated the IQthday of April , A. D., 19 73 > a copy of which is attached hereto and made a part hereof for the construction of: for moving library books, periodicals, neuspapers and other materials ana inu'ludinij library furniture, equipment and supplies from the existing Library b(V(crein9cafto $ 100 Property Ihtiuuiic 100 100 100 xxxx ,000 S 000$ ooo $ 50Q M)O 500 too 500 ^oo xxxx ,000 u torn obi le Liability Automobiles ired Automobiles 61 PC 111139 7/20/72-^73 ,000 xxxx $ 100 ,,< 000 $ ,000 xxxx on-Owned Automobiles ,000 XXXX $100 , $ 100 , 000$ 000$ 300 300 300 ,, 000$ ,000 $ ,000$ 100 ,ooo 100 ,ooo 100 .o xxxx xxxx xxxx 'orkmen'8 Compensation and Employers' Liability bl UJb 6U019Z 10/20/72-73 "omponsation — Statutory iCmploycrs' Liability 100 ,000 mbrella Liability ,000,000 f with respect to Automobile Liability the Policy Number entered above includes the symbol GB, AZ, MVP, MAG or PGH, the word 'Wurrcnce1' amended to read "accident". • ••■■ xation and description of operations, automobiles, contracts, etc. (For contracts, indicate type of agreement, party and ite.) if policy is canceled,30 day8 written notice will be given to: atc May 4, 1973 Primal in V. K A, 9-'7O Stephen F. Austin Stata Univereitv Nacogdochea9 Texaa 75961 iCO/THE ANDERSON COMPANY - ch A uthorized Representative 18-34 35 73-59 Upon motion of Regent Perkins, seconded by Regent Todd, with all Regents voting aye, it was ordered that the following room and board rates be approved for the 1973-74 academic year: For Accounting Purposes Only: Dormitory No. and Name (Meals) (Room) - Dorms 1, 2, 3, 5, 8, 11 - Dorms 7, 9, 10, 12-19 18-35 36 73-60 Upon motion of Regent Perkins, seconded by Regent Todd, with all Regents voting aye, 1t was ordered that the contract for Coliseum Seating be placed with the low bidder, J. F. Clark Company of Dallas, Texas, for $29,995.00, as follows: 18-36 37 OWNER CONTRACTOR AGREEMENT AGREEMENT made this tenth day of April in the year of Nineteen Hundred and Seventy-three between Stephen F. Austin State University, the Owner, and J. F. Clark Company, the Contractor. The Owner and the Contractor agree as set forth below. ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, all Addenda issued prior to execution of this Agreement and all Modifications issued subsequent thereto. These form the Contract, and all are as fully a part of the Contract as if attached to this Agree ment or repeated herein. An enumeration of the Contract Documents appears in Article 8. ARTICLE 2 THE WORK The Contractor shall perform all the Work required by the Contract Documents for STEPHEN F. AUSTIN STATE UNIVERSITY COLISEUM: SEATING, Nacogdoches, Texas. ARTICLE 3 ARCHITECT The Architect for this Project is S. I. Morris Associates, 3465 West Alabama, Houston, Texas. 18-37 38 ARTICLE 4 TIME OF COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall be commenced on the date stipulated in the written Notice to Proceed from the Owner, and completed within the completion time set forth in an agreement for construction of the Coliseum between the Owner and another contractor, said completion time being four hundred, fifty-five (455) consecutive calendar days from date of commencement of the Coliseum work, provided that the Coli seum work shall be sufficiently completed and in suitable condition to allow the Contractor to commence installation of material a minimum of thirty (30) consecutive calendar days prior to the expiration of the above-stated completion time. Subject to the stipulations herein and in Article 14 of the Supplementary Conditions, the Contractor shall pay to the Owner as liquidated damages, the sum of One Hundred Dollars ($100.00) for each consecutive calendar day that the Work is not completed after the above-stated comple tion time. ARTICLE 5 CONTRACT SUM The Owner shall pay the Contractor for the perforn/wce of the Work, subject to additions and deductions by Change Order as provided in the Conditions of the Contract, in current funds, the Contract Sum of Twenty Nine Thousand, Nine Hundred, Ninety Five Dollars ($29,995.00). For purposes of complying with the State of Texas Sales Tax, the following is a division between labor and materials: Labor $ 5,725.00 Materials $24,270.00 Total $29,995.00 18-38 39 ARTICLE 6 PROGRESS PAYMENTS Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided in the Conditions of the Contract as follows: Fifty (50) per cent of the Contract Sum when all materials and equipment have been delivered and suitably stored at the site or at some other location agreed upon in writing by the parties, provided that materials and equipment shall be delivered and stored at a time agreed upon in writing by the parties and not unreasonably in advance of commence ment of installation work; and upon Substantial Completion of the entire Work, a sum suf ficient to increase the total payments to ninety (90) per cent of the Contract Sum, less such retainages as the Architect shall determine for all incomplete Work and unsettled claims, ARTICLE 7 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor within thirty (30) days after Substantial Completion of the Work unless otherwise stipulated in the Certificate of Substantial Completion, provided the Work has been completed, the Contract fully performed, and a final Certificate for Pay ment has been issued by the Architect. ARTICLE 8 MISCELLANEOUS PROVISIONS 8.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions. 18-39 40 8.2 The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, are listed In Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: A. This Agreement, dated April 10, 1973 B. Conditions of the Contract (1) General Conditions of the Contract for Construction, A. LA. Document A201, April 1970 Edition, 17 pages. (2) Supplementary Conditions, dated February 2, 1973, 9 pages. C. Drawings,dated February 2, 1973, Sheets SE-1, SE~2 and SE-3. D. Specifications, dated February 2, 1973 (1) Division 1 - General Requirements, Sections 1A through ID, 8 pages• (2) Division 12 - Furnishings, Section 12A, 3 pages. 18-40 41 This Agreement executed the day and year first written above. OWNER STEPHEN F. AUSTIN STATE UNIVERSITY A'f /A ' R.E. McGee Chairman Board of Regents Stephen F. Austin State University Attested by: ■ft C. G. Haas, Secretary CONTRACTOR J. F. CLARK COMPANY J/F. Clark. President Attested by: y* 18-41 CERTIFICATE OF INSURANCE 42 THIS IS TO CERTIFY that the following policies, subject to their terms, conditions and exclusions, have been issued by this company. This is not a policy of insuranco, nor is it an endorsement making tho person, firm or corporation at whoso roauost it is issuod ^n additional insurod on tho policy or policios roforred to herein. However, in tho event of cancellation or any roduction of limits of liability of any policy or policios listed below, the company will give the party to whom this certificate is issuod, and at tho address statod noroin, ten (10) days advance notice. The mailing of such notice as aforesaid shall be sufficient proof of notice. 1. Name and address ol party to whom this certificate is issued. VICE PRESIDENT FOR C. G. IIAAS MB. BrnXHOfKHK, FISCAL AFFAIRS STEPHEN F. AUSTIN STATE UNIVERSITY NACOGDOCHES, TEXAS 75961 1 J 2. Name and address of insured J. F. CLARK COMPANY 8609 Northwest Plaza Drive Dallas, Texas 75225 Insurance Company If Insurance Co ilf Insurance Co If Insurance Co, Type of Insurance Workmen's Compensation and EmployersJLiability Comprehensive General Liability we 5518985 GA 5659375 Comprehensive Automobile Liability** Policy Number GA 5659375 anket Contracts ,1 coverage provided as per contractual coverage par: attached to policy. Effective Date 6-19-72 6-19-72 6-19-72 Expiration Date 6-19-73 6-19-73 6-19-73 LIMITS OF LIABILITY* Statutory Employers Liability Limit—$100,000 Bodil Property Damage 50,000. iily Injury 166,000. Each Person Occurrence 300, OOP. Aggregate Products Each Occurrence 50, OOP. Aggregate Operations 50, OOP, Aggregate Protective 5O,OOO. Aggregate Products 5O,(XX), Aggregate Contractual I Bodily Injury 300,000. Each Person 500,000. Each Occurrence Property Damage $ §00,000. Each Occurrence 'Absence of any appropriate entry meant no tuch insurance is in fore*. ••Covers oil owned, nonowntd or hired vehicles. This Certificate of Insurance neither affirmatively or negatively amends, extends or alters the coverage afforded by the policy or policies shown above, ited ^-9-73 Alexander a Ajlkxlaxdkr of Texas 34th Floor, 2001 Bryan Tower, Dallas, Texas 75201 imarks Seating for Coliseum project By- W\ Authorised Representative* of the Insurance Companies referred to above. 18-42 .'li KONI) 43 (To he used in Tex;is as required by Chapter 93 of the Regular Session of the !>f>th Legislature of Texas) TNI! STATIi ()!• JTexas COUNTY ()l; Dallas KNOW ML MliN BY TllliSli PRIiSliNTS: That we (1) J. F. Clark Company of (2) Dallas, Texas hereinafter called Principal and (3) National Surety Corporation of Chicago State of Illinois hereinafter called the Surety, are held and firmly bound into (4) Stephen F, Austin State University hereinafter called Owner, in the penal sum of Twenty Nine Thousand Nine Hundred Ninety Five and no/100« DOLLARS ($ 29, 995,00 ), in lawful money of the United States, to be paid in (5) Nacogdoches, Texas for the payment of which sum well and truly to be made, we bind ourselves, our hell's, executors, administrators and successors, jointly and severally, firmly by these presents. Till: CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain Contract with (6) Stephen F. Austin State University the Owner, dated the 10th day of April , A. D., 19 73 f a copy of which is attached hereto and made a part hereof for the construction of: Stephen F» Austin State University Coliseum; Seating, Nacogdoches, Texas (Herein called the "Work"). 18-43 44 -2- NOW, Tlli;Ki;i()l'r., if (he Principal shall well, truly and faithfully perform I In- worl. in accordance with (he Plans, Specifications and Contract Docuiiunt s ili.riii)'. I he original term thereof, and any extensions thereof which may be granted by the Owner, with or without: notice1 to the Surety, iiiul, if he shall satisfy alJ claims and demands incurred under such Contract, and shall fully indeinni I'y and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. NOW, TlIHRHFOki;, if the Principal shall repair any and all defects in said work occasioned by and resulting from defects in materials furnished by, or workmanship of the Principal in performing the work covered by said Contract, occurring within a period of twelve (12) months from the date of the Contract Completion Certificate, then this obligation shall be null and void, otherwise to remain in full force and effect* PROVIDIil) FURTIII-R, that if any legal action be filed upon this bond venue shall lie in Nacogdoches County, State of Texas and (hat the sTu'f "Surety, for "value received hereby stipulates and agrees (hat no change, extension of time, alteration or addition to the terms of (he Contract or to the work to be performed thereunder or the Specification!; accompanying the same shall in any wise affect its obligation of this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the Specifications. PROVfDT.n, HOWIiVHR, that this bond is executed pursuant to the provisions of Article 51 60 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length. IN WITNIiSS WllKRIiOF, this instrument is executed in six counterparts, each one of which shall he deemed an original, this the 10th day of April > A- D- 19_U_- ATTI-ST: J. F. Clark Company (Pri nc i pa 1) Secretary WitWtTs as ton7!* i iu?i[)a 1 Suite 201,8609 Northwest Plaza Dr. (AddirV'sVj' Dallas", Texas 75225 18-44 45 -3- A'l ti-nt: Attorney-in-Fact Joe Bruce 2^ Witness as toSurcly Dallas, Texas Address APPROVED AS TO FORM: ATTORNEY GENERAL OF TEXAS BY: Assistant Attorney General NOTIi: Date of Bond must not be prior to date of Contract. (1) Correct name of Contractor (2) A Corporation, A Partnership or an individual, as case may be. (3) Correct name of Surety (A) Correct name of Owner (5) County of Parish and State (6) Owner (7) If Contractor is Partnership, all partners should execute bond. 18-45 46 PAYMIiNT ItONl) (To bo used in Texas as required by Chapter 93 of the Regular Session of the f>(>th Legislature of Texas) Till- STATIi 0l; Texas COUNTY ()!•' Dallas KNOW ALL MliN BY TilHSIi PMiSI-NTS: That we (1) J. F. Clark Company a (2) Individual of Dallast Texas hereinafter called Principal and (3) National Surety Corporation of Chicago > State of Illinois hereinafter called the Surety, are held and firmly bound unto (4) Stephen F. Austin State University hereinafter called Owner, unto all persons, firms, and corporations who may furnish materials for, or perform labor upon the building or improvements hereinafter referred to in the penal sum of Twenty Nine Thousand Nine jfoindred Ninety Five fir no/100-— DOLLARS ($ 2Q, QQ5. 00 ) in lawful money of the United States, to be paid in (5) Ntft^gdoeheg, Texas , for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. Till.: CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with (6) Stephen F. Austin State University , the Owner, dated the 10th day of April , A. D. 19 73 , a copy of which is hereto attached and made a part hereof for the construction of: Stephen F. Austin State University Coliseum: Seating, Nacogdoches. Texas 18-46 47 -2- NOW, irilliUlil;()UIi, the condition of this obligation is such that, if the Principal shall promptly make payment to all claimants as defined in Article 5160 Revised Civil Statutes of Texas, 1925, as amended by House Hill MA, Acts 56th Legislature, Regular Session, 1959, effective April 27, IDS!), supplying labor and materials in the prosecution of the work provided Cor in said Contract, then this obligation shall be null and void; otherwise, it shall remain in full force and effect. This bond is made and entered into solely for the protection of all claimants supplying labor and materials in the prosectuion of the work provided for in said Contract, and all such claimants shall have a direct right of action under the bond as provided in Article 5160, Revised Civil Statutes, 1925, as amended by House Bill 344, Acts 56th Legislature, Regular Session, 1959. PROVIDM) FURTHER, that if any legal action be filed upon this bond, venue shall lie in Nacogdoches County, State of Texas, and that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any wise affect its obligation on this bond, and it docs hereby waive notice of any change, extension of time, alteration or addition to the terms of the Contract or to the work or to the Specifications, PROVJDPJ) FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in six counterparts, each one of which shall be deemed an original, this the JOth day of April ' A- D-> 19 12- ATTEST: J. F. Clark Company Principal TFrTne i pa 1) Sec rota ry BY_ SEAL Suite 201, 8609 Northwest Plaza Dr. 75225 18-47 48 -3- National Surety Corporation "(Sun't.")-)" "SccV'cTt-irf y ~ // Attorney-in-);act o y Joe Bruce APPROVED AS TO FORM: ATTORNEY GENERAL OF TEXAS Dallas, Texas BY: _^ Address" Assistant Attorney General NOTIi: Date of Bond must not be prior to date of Contract. (1) Correct name of Contractor (2) A Corporation, A Partnership or an individual, as case nuiy be. (3) Correct name of Surety (4) Correct name of Owner (5) County of Parish and State (6) Owner (7) If Contractor is Partnersliip, all partners should execute bond. i 18-48 49 73-61 Upon motion of Regent Perkins, seconded by Regent Thomas, with all Regents voting aye, it was ordered that President R. W. Steen be authorized to file applications for Federal funds in behalf of Stephen F. Austin State University and to act as the official re presentative of the University in connection with the applications, including all understandings and assurances contained therein including: (a) Compliance with PL88-352 (non-discrimination in program participation of persons due to race, color, national origin) (b) Compliance with Civil Rights Act of 1964—prohibiting employment discrimination (c) Compliance with PL91-646—providing for equitable treat ment of persons displaced as a result of Federally assisted programs (d) Compliance with the Hatch Act—limiting political activity of employees (e) Compliance with Federal Fair Labor Standards Act (f) Establishing safeguards to prohibit private gain from employment—positions resulting from Federally assisted programs (g) Granting access for auditing of program and (h) Compliance with all Federal grantor agency requirements concerning program 73-62 Upon motion of Regent Todd, seconded by Regent Maness, with all Regents voting aye, it was ordered that the following curriculum items, approved by the University Undergraduate and Grac late Curriculum Committees, be approved: COURSES ADDED: (Curriculum Committee) Hours Department and Number Title Credit ♦Elementary Education 448 Alternatives in Education 3 Elementary Education 491 Electronic Media in Education 3 Modern Languages (French) 111 Reading French 3 Modern Languages (German) 111 Reading German 3 Modern Languages (Spanish) 111 Reading Spanish 3 ^Submitted for Graduate Credit 18-49 COURSES ADDED: (Curriculum Committee) (continued) Department and Number Modern Languages Modern Languages Modern Languages Modern Languages (French) 112 (German) 112 (Spanish) 112 (Independent)316 Modern Languages (French) 381 Modern Languages (German) 381 Modern Languages (Spanish) 381 Sociology 102 Sociology 201 Sociology 211 Sociology 212 Sociology 301 Sociology 302 Sociology 303 Sociology 362 Sociology 404 Sociology 405 COURSES TO BE REVISED: (Curriculum Comnittee) Department and Number Sociology 461 Sociology 462 COURSES TO BE DELETED: Title and Credit Industrial Sociology (3) Sociology of Religion (3) New Title and Credit 361 Industrial Sociology (3) 341 Sociology of Religion (3) Department and Number *History 465 Sociology 303 Sociology 304 Sociology 305 Sociology 400 Sociology 401 Sociology 410 Sociology 430 Sociology 431 Sociology 440 Sociology 441 Sociology 442 (Curriculum Comn,:ttee) Title and Credit Security of the Pacific (3) Theories of Behavior Change in Corrections (3) Police Problems and Practice (3) Probation, Pardons, and Parole (3) Internship in Criminal Justice I (3) Internship in Criminal Justice II (3) Seminar in Criminal Justice (3) Problems in the Administration of Justice (3) Problems in Criminal Law Reform (3) Group Counseling in Corrections (3) Prevention Methods in Corrections (3) Management of Correctional Institutions (3) ^Submitted for Graduate Credit 18-50 51 COURSES TO BE ADDED: (Graduate Council) Hours Department and Number Title Credit Communications 506 Writing for Special Publications 3 Forestry 412G Environmental Management 3 Management 502 Quantitative Analysis 3 Modern Languages (Independent) Problems in College Language 580 Teaching 3 Psychology 501 Analysis of Behavioral Data 3 COURSES TO BE REVISED: (Graduate Council) Department and New Number Title and Credit No. New Title and Credit Elementary Education 510 Individualization of Individualization of Reading Instruction (3) 511 Reading Instruction (3) COURSES TO BE DELETED: (Graduate Council) Department and Number Title and Credit **School Services 437 Children with Learning Disabilities (3) **School Services 439 The Physically Handicapped Child (3) **Deletion of Graduate Credit Only 18-51 52 73-63 Upon motion by Regent Gray, seconded by Regent Bergman, with all Regents voting aye, it was agreed that February 23, 1973, be established as the contractual completion date on the Stadium, and that the President of the University be authorized to sign the agreement, as follows: THE STATE OF TEXAS J COUNTY OF NACOGDOCHES Whereas on the 18th day of December, 1971, LOGGINS CONSTRUCTION COMPANY, Tyler, Texas, and STEPHEN F. AUSTIN STATE UNIVERSITY entered into a contract to construct a football stadium and surrounding appurtenances and whereas the two aforementioned parties desire to modify the same, as follows: In consideration of the above premises and at the request of said LOGGINS CONSTRUCTION COMPANY, and in further consideration of the release of TWENTY-FOUR THOUSAND FIVE HUNDRED AND NO/100 ($24,500.00) DOLLARS previously withheld by STEPHEN F. AUSTIN STATE UNIVERSITY from LOGGINS CONSTRUCTION COMPANY as liquidated damages and in further consideration of the desire by both parties to effect more desirable working conditions and to settle disputed dates, the original contract between them is hereby modified in respect to extensions of time and delay damages as follows: I. It is hereby agreed that the completion date of the contract is the 23rd day of February, 1973, and that such date shall not be extended by Article 8.3.1 of the contract. II. It is further agreed that liquidated damages in the amount of TWO HUNDRED FIFTY AND NO/100 ($250.00) DOLLARS per day shall be paid by LOGGINS CONSTRUCTION COMPANY or withheld by STEPHEN F. AUSTIN STATE UNIVERSITY from monies due, for each consecutive calendar day following the completion date of the 23rd day of February, 1973. III. It. is further agreed that, in respect to actual completion date, the aforementioned penalties shall cease to run when the job is completed, and in computation of such actual completion date, the parking area on the east side of the construction site, and described in the work specifica tions on plan Cl as parking lot A, shall not be considered. 18-52 53 IV. It is further agreed that liquidated damages in the amount of FIFTY AND NO/100 ($50.00) DOLLARS shall be paid by LOGGINS CONSTRUCTION COMPANY or withheld by STEPHEN F. AUSTIN STATE UNIVERSITY from monies due, for each consecutive calendar day following the actual completion date that the aforementioned and described parking area remains uncompleted. V. It is further agreed that this instrument is made in duplicate and is a modification of the original contract, and becomes a part thereof upon its execution. WITNESS OUR HANDS this the 10th day cv _ Aj?il.Ll _.* ^?3. LOGGINS CONSTRUCTION COMPANY By: /s/ Ray Loggins Ray Loggins STEPHEN F. AUSTIN STATE UNIVERSITY 73-64 Upon motion by Regent Todd, seconded by Regent Bergman, the meeting was adjourned at 2:15 p.m. An invitation was extended by Mr« Homer Bryce for the Board to hold their next meeting (July 28, 1973) at Huxley Bay on Toledo Bend Lake. C. G. Haas Secretary 18-53